198 F. 482 | 2d Cir. | 1912
There had been a light fog that morning, but there was not enough for some 10 minutes or so before the collision to be of any consequence. None of the vessels involved or in the neighborhood was blowing fog signals. We agree with the district judge that objects could be seen for at least three-quarters of a mile. The combined speed of the steamer and tow was not over eight miles, so that there were at least five minutes in which to navigate in sight of each other. Indeed, the testimony on behalf of the steamer, read in connection with the entries in her engine room log, show that she saw the tug and tow more than five minutes before the collision. We also agree with the district judge that the vessels were on crossing courses from the moment the Texas got fairly under way from her anchorage; the tug and tow being the burdened- and the steamer the privileged vessel. Those in charge of the navigation of the Texas ported and continued to port from the time they saw the tug and tow down to almost the moment of collision. This was a plain violation of the steering rules. They explained it by saying they supposed the schooner was going up the Bay, or that the tug was backing to the westward and southward with the intention of bringing her bow down and then proceeding on a hawser. Therefore, thinking the situation absolutely safe, they ported, as they say, to go under her stern and turned their
The decree is modified and the court below directed to enter a decree for the owners of the George W. Truitt and her cargo against the claimants of the steamer Texas, and the owners of the tug Maria Hoffman to the agreed value of their interest in the said tug and their pending freight with interest andl costs and dismissing the Scandinavian-American Line against the schooner George W. Truitt, with costs.