196 F. 490 | 2d Cir. | 1912
When the Gladwish with her tow in the following order, White Ball, H. H. Logue, P. R. R. No. 701, and Laura, had passed Stoning-ton, she lengthened out the hawsers. This is usual before entering the open sea between the Sound and Narragansett Bay. The ebb tide at the time was setting to the southeast, and the Gladlwish held a course 'about east for Watch Hill Point light, so as to get the benefit of the cove between Napatree Point and Watch Hill Point, and prevent the tow
The owner of the Gladwish filed this petition for limitation of liability, alleging that the loss happened without his privity or knowledge and denying negligence.- The owners of No. 701 and of her cargo filed answers, denying that the petitioner was without knowledge or privity, and alleging that the loss of No. 701 and cargo was due to the fact that the Gladwish was not powerful enough to handle her tow; that the towing hawser was old and insufficient; that the master was negligent in leaving New London in the weather then prevailing; that he should have subsequently turned into Stonington for safety; that he should not have attempted to pass out into the open sea; and that in doing so he should have kept nearer to the south side of the channel.
The cause was tried before the late Judge Adams, but not decided by him, so that the judge of the court below did not hear or see the witnesses.
There is no proof worthy of consideration upon any of the charges of negligence except those of leaving New London on the morning of September 4th and of attempting to pass out of the Sound in the weather then prevailing. The judge of the court below held that the master of the Gladwish was negligent in 'these particulars and that there was no sudden squall from the south, but that the loss occurred without the petitioner’s privity or knowledge.
The fact of the sudden squall is testified to by a large majority of the witnesses from the tow. We think that they are corroborated by the fact that at the very time the Gladwish got into trouble the Vigilant, which was following her, turned into Stonington as a harbor of refuge and the Keeler, which had passed out of the Sound ahead, turned back to Stonington. In addition to this conduct of all the tows in the same neighborhood at the same time, we have the facts that the wind records kept at New Plaven, about SO miles west and at Block Island about 18 miles east, show no wind velocities in the least degree dangerous.
The proximate cause of the accident was the Logue touching on Gangway Rock, which resulted in the parting of the towing hawser.