132 F. 880 | S.D.N.Y. | 1904
This action was brought by William E. Barber, as managing owner of the steamtug West Farms, to recover for the damages suffered by that tug from a collision with the steam yacht Surf on the 25th day of August, 1903, at about 8:30 o’clock in the morning, in Hell Gate, East River.
The tug was proceeding eastward through the Gate with two canal boats lashed to her port side. The Surf was proceeding westward, close to the shore, and collided with the tug, striking her about 500 feet off Hallets Point, with some force and doing damage which, it is claimed, amounted to about $2,000. The weather was pleasant and the tide running flood.
When the tug was about passing Hallets Point, some 500 feet off, the Surf swung out from the shore, which she was passing about 100 feet off, and struck with her stem the tug on her starboard side, doing the damage complained of. The vessels had by signals agreed upon a two whistle course, which was kept by the tug but the yacht’s sudden swing was in violation of the agreement. No fault is charged against the tug but the yacht claims that owing to the presence of other vessels in her immediate vicinity, she could not avoid the course she pursued and that the collision was inevitable.
Decree for the libelant, with an order of reference.