235 F. 112 | 2d Cir. | 1916
The District Court held both the Willard and the Seneca liable. The Willard has not appealed. The only question,»therefore, is—was the Seneca also guilty of negligence? The District Judge found her liable for going out of the slip at too great a rate of speed so that when the vessels saw each other they were only about 200 feet apart and in a position where collision was in
Rule V of article 18 of the Inland Rules provides for such a situation as is here shown but its directions were not followed by the Seneca. Of course the blowing of a long slip whistle when the Seneca left her own pier behind the Scandinavian Pier cannot be regarded as a compliance with the rule as she was then about 1,300 feet from the head of the pier. A signal at that point would have given the Willard no definite information as to the Seneca’s course. By hugging the Scandinavian Pier so closely she created a situation which made it more than ever incumbent upon her to inform vessels approaching the pier end from the south of her presence and her intentions. If she had passed out into the North River at a speed so moderate that she could have controlled her movements the collision would probably have been averted. We do not think the Seneca can be held free from negligence on this proof.
The situation was analogous to that shown in the case of The Steinway, 135 Fed. 344, 68 C. C. A. 14, where this court decided that it was negligence for a vessel to round a dangerous point so near the shore that it was impossible to get an accurate view of the situation on her port hand until she had actually rounded the point.
The decree is affirmed with costs.