103 F. 668 | D. Wash. | 1900
In the first of these cases the owners of the American ship Columbia claim damages for injuries to their ship, sustained in a collision with the Ravenscourt, while the two colliding vessels were being towed out by the steam tug Tyee, and their suit is in rem against both the Ravenscourt and the tug. Their libel charges that a contract for towing the Columbia singly was violated by the captain of the tugboat in attempting to tow two vessels. As to this first disputed question in the case, I find from the evidence that the terms of the agreement for the towage of the Columbia
The next charge in the Columbia’s libel is that the Ravenscourt was steered badly, and that immediately before the collision, by reason of negligence and bad steering on board the Ravenscourt, that vessel veered from her true course so as to cross the wake of the tug, and bring her hawser afoul of the Columbia’s rudder, so interfering with the navigation of the Columbia that she could not be steered properly; and the libel charges that, if the master of the tug had been attentive to his duties, he should have known that the Ravenscourt was out of her course, and should have prevented the bad steering on her part. This part of the libel charges both the tug and the Ravenscourt with a fault in permitting the Ravenscourt to vefcr from her course, which fault was the direct cause of the disaster. This particular ground of complaint must be considered in connection with the counter charge contained in the libel filed by the owner of the Ravenscourt. The owner of the Ravenscourt has made no complaint against the tug, her master, or her owner. His suit is in rem against the Columbia, and in his libel he charges that the accident rvas due entirely to bad steering on the paid of the Columbia.' The main controversy in the case, therefore, is with reference to the particular movements of the colliding vessels immediately before the collision. The general facts as to which all witnesses agree substantially are that the tug started with the vessels in tow from Tacoma Harbor, at 3 o’clock p. m. on the 22d day of January of this year, the Columbia being towed by a line leading from the stern of the Tyee through a chock on the starboard side; of her bow to her foremast, the length of the line between the stern of the Tyee and the bow of the Columbia being a little more than 100 fathoms. The Ravenscourt was towed by a line 180 fathoms in length, all of which was paid out, leading from the stern of the Tyee to a chock on the port bow of the Ravenscourt, and made fast to her towing bills forward of the foremast. The towlines being so arranged, the vessels, when steered to follow the tug, would have kept a safe distance from each other. The Columbia, being on the port side, would have kept the tug in view over the starboard side of her bow with the Ravenscourt astern, and off her starboard quarter; and the Ravens-