278 F. 717 | 2d Cir. | 1922
This libel was brought by the libelant against the tug William H. Taylor to recover damages sustained by the libelant’s tug No. IS on the morning of December 31, 1917, resulting from a collision between the No. 15 and the tug Taylor. Both vessels were held at fault, and a decree was entered for half damages against the No. 15.
On this morning, the Taylor left Pier B, Jersey City, bound for the slip between Piers 1 and 2, Hoboken. The weather was extremely
When the tug was off Seventh street, Hoboken, her course was altered toward the Jersey piers to pass another tow. Just how far she was off the piers is disputed, but is not important. When the presence of the No. 15 was made known to the Taylor, she immediately put her engines full speed astern. The No. 15 rang her engines full speed ahead, and put her helfn to port, causing her stem to swing against the Taylor’s stem, resulting in damages to the No. 15 and causing her to sink in a few minutes. The Taylor was not damaged. No fog signals were sounded by either vessel. The No. 15 sounded one-blast passing signal a few seconds before the collision. She carried no lookout and was in charge of a mate. That vapor existed to the degree claimed by the Taylor is disputed. We are satisfied that at times and spots the vapor was higher than the tug’s smokestack, and in other places it was clear. We are fully satisfied that the vapor did envelop and hide the No. 15 while she was passing through the bank, and we are further satisfied that the No. 15 was obscured for about 80 feet off on the Taylor’s starboard bow, which resulted in her looming out of this bank of vapor off the end of Pier 1, upon the Taylor.
“In fog, mist, falling snow, or heavy rainstorms, whether by day or night, the signals described in this article shall be used as follows, namely: Steam vessel under way. (a) A steam vessel under way should sound, at intervals of not more than one minute, a prolonged blast.” Comp. St. § 7888.
The object and purpose of this rule is to make known the vessel’s position in the fog or bank because of the obscured vision. We agree with the District Judge in his conclusion that it was just as needful to blow a signal when the vessel was enveloped in a bank of vapor due to intense cold as would be the case when enveloped in a fog.
Decree affirmed.