29 F. 216 | S.D.N.Y. | 1886
At about 7 a. m., on the morning of March 4,1885,'as tlie three-masted steamer Coehieo, then lying at anchor near the outer part of the entrance to Hampton roads, was heaving upon her anchor preparatory to getting under way, in a strong ebb-tide, she was run into by respondent’s three-masted schooner Kelsey, which carried away the Gochico’s bowsprit, and did some other damage, for which ibis suit is brought.
A large fleet of 150 vessels or upwards had previously put in at Hampton roads on account of the weather, and anchored from one to seven miles above the Coehieo. On the morning of the 24th, the weather being line, and the wind light from the W. or S. W., the whole fleet made sail together, and came down with the strong ebb-tide. The Coehieo was nearly in the middle of the channel, which was there about two miles in extreme width, half a mile at least on each side of her being easily available for navigation. The fleet was so numerous that the Coehieo was not perceived by those on board the Kelsey until, as the master of the latter stales, he was from 600 to 750 feet only distant from her. At that time, as the lookout says, another intervening vessel, nearly directly ahead of the Kelsey, went to the northward, i. e., on the starboard side, of the Coehieo, disclosing the latter to his view. She then bore about a point on the Kelsey’s starboard bow. The wind was four points abaft the Kelsey’s beam, and, though light, gave her about one and ons-half or two knots speed through the water. The tide is estimated by the master at from one to one and one-half knots.
Although the more customary place of anchorage was further up the roads than the place where the Coehieo anchored, her position was not altogether unusual; it certainly was not unlawful. The J.
The Gochico is alleged to be also in fault, on the ground that, though hailed by the master of the Kelsey to starboard her helm, and pay out chain, she did neither; though either of these measures would have averted the collision. The hail to starboard was apparently given when the vessels were about 290 feet apart; the hail to pay out chain, when they were within about 100 feet of each other. The respondent’s account of the blow, its angle, and the positions of the two vessels, is the most consistent, and I adopt it. The Kelsey was going towards the starboard side of the Gochico. Their starboard bows at first just grazed each other. The Goehico’s anchor caught the after-shroud of the Kelsey’s fore-rigging. Her jib-boom ran aslant, across the Kelsey’s deck, from just forward of her main-shrouds, and got locked fast in her mainsail; the Kelsey’s crew being unable to fend her off as she approached. I have no doubt that either a
Doubtless less vigilance is required of a vessel at anchor. Ordinarily, a vessel anchored in a proper place, in the day-time, and in fair weather, is not expected, or legally required, to be on the watch, and to stand prepared to take measures to avoid vessels under way, and having control of their motions. The Lady Franklin, 2 Low. 220; The Rockaway, 19 Fed. Rep. 449. But under exceptional circumstances, where the vessel under way is subject to special difficulties or embarrassments in her navigation, soine care and precautions on the part of the vessel at anchor may become obviously prudent and nocessary that would not otherwise be obligatory. Such, I think, is plainly this ‘caso. Here the circumstances were altogether exceptional. The wind was light, and the tide strong. The Coehieo was anchored in a narrow part of the roadstead; and the immense fleet from above, coming down with tho tide, and under imperfect control, or slow control, in the tideway, -were necessarily more and more crowded together as they approached the narrower part of the road-stead, where the Cocineo lay. Common prudence required of the Coehieo some care amid such a fleet of vessels. The testimony of the experts, I think, on the whole, clearly sustains such a recognized obligation among seamen. Under such circumstances, I must hold that
There was, in fact, no good reason for her long delay in getting under way. She was nearly an hour behind most of the fleet, some of.which had already come down from several miles above. There was nothing to detain the Cochico there. Reasonable prudence, and a reasonable regard for her own safety, and for the safety of the other vessels, should have indicated to the captain that it was his business to be up and off with the rest of the fleet, instead of remaining, without reason, as an obstruction, amid such a crowd of vessels. The Scioto, 2 Ware, 360, 367, 368. If he chose to remain until the whole fleet were coming down thick on each side and in front of him, it was his duty, in my judgment, to be on deck; and, while the few other hands were at the windlass, to be himself at the wheel, in order to take at once those reasonable precautions which might aid in avoiding collisions that were likely to arise through the precise causes that operated here, viz., the obscuration of his own vessel from the view of another, through a third vessel intervening until they were very near each other; and specially to prevent any yawing of his own vessel. Had this reasonable care been taken, the collision would have been avoided, notwithstanding the tardiness in the maneuvers of the Kelsey. The Cochico must therefore be also held in fault, and a decree directed for half her damages only. Simpson v. Hand, 6 Whart. 311; The Petrel, 6 McLean, 491; O’Neil v. Sears, 2 Spr. 52.
I do not think the Cochico was bound to go to sea without a jib-boom, and with one of her fore-chain plates broken, though she might possibly have repaired the latter on the voyage. She was justified in putting into Norfolk for repairs, and is entitled to recover for her necessary detention. Whether she delayed unjustifiably there, will be one of the questions upon the reference to compute the damages.