23 F. Cas. 586 | U.S. Circuit Court for the District of Southern New York | 1857
The iibel in this case was filed to recover damages for a collision that occurred iu the bay of New York on the 17th of December. 1853, in which the steamboat Eagle was seriously damaged, the
The case is a most unfortunate one, and may well attract the attention of masters and owners, and lead them to consider whether prudence would not dictate, from a proper regard as well for the lives of passengers as for the safety of property, that, in a port crowded, as is that of New York, with every species of water craft, vessels should anchor in so unusual and dense a fog. The master or pilot may, indeed, by the use of the compass, avoid running upon the shore or against an island, or any other fixed obstruction in the way; but these are trifling contingencies when compared with the chances of running against vessels moving or at anchor, as against which the compass is no security. If the Eagle had been at anchor in this case, and the Sylph had encountered her in that condition, I should not have hesitated to charge the Sylph with all the consequences of the disaster. As the case stands, I cannot see that the one is more in fault than the other: and, from the usage which has come frequently under my observation, of running these boats in thick weather, I am not disposed at present to hold that both were in fault, so as to justify an apportionment of the damages. But this 1 will say, that, so long as the custom continues, the court will not teel bound, in case of a disaster, to discriminate, with any very great nicety, as to the degree of fault imputable to the one or the other of two vessels which may choose to encounter the hazards of the navigation.
It has been urged that the Sylph was in fault for not having on board a licensed pilot and a licensed engineer, under the act of congress of August 30. 1852 (10 Stat. 61). But the forty-second section of that act excepts steamers used as ferry-boats. The Sylph. I think, comes fairly within this exemption.
The decree of the court below must be reversed, and the libel be dismissed, with costs.