Maritime History of the Great Lakes

Marine Record (Cleveland, OH), May 11, 1899, p. 12

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12 THE MARINE RECORD. May 11, 1899. Hyd raulic Steerer. The best and most reliable. Generates no heat in pilot house. Has large hand wheel. Can be changed from power to hand steer- ing instantly. A favorite with pilots. Send for References. Queen City Engineering Co. BUFFALO, N. Y. Queen City Patent|Pintsch Gas Lighted Buoys.|V2 Ue | Adopted by the English, German, French, Russian, Italian, and United States Light-House Departments for channel and harbor lighting. Over 800 gas buoys and gas beacons in service. Burn Controlled by Continuously from 80 to 365 days and nights without atten- tion, and can be seen a distance of six miles, THE SAFETY CAR HEATING AND LIGHTING Co, 160 Broadway, New York City. The Best Union Made in the U. S. se Providence, R. I. Send for circulars and prices. Almy’s Patent Sectional WATER TUBE BOILERS. NOW USED IN 21 Passenger Boats from 70 to 160 ft. long. 61 Steam Yachts from 50 to 180 ft. long. U. S. TORPEDO BOAT «STILETTO.’’ Numerous freight and fishing steamers, launches and stationary boilers are giving most excellent results. ALMY WATER TUBE BOILER CoO., 178-184 Allens Ave., near Rhodes St., PROVIDENCE, R. 1. SHIPPING AND MARINE JUDICIAL DECISIONS. (Collaborated specially for THE MARINE RECORD.) Excessive Speed in Fog.— Where the full speed of a steamer was 10% or 11 knots, a reduction of from 1 to1% knots in a fog still leaves the speed excessive. The reduction, even in a moderate fog, should be at least two-thirds of full speed. The Cheruskia, 92 Fed. Rep. (U. S.) 683. Harter Act—Effect on Foreign Vessels.—Foreign Vessels being entitled to the benefit of the Harter act (2 Supp. Rev. St. p. 81), they will be held subject to its limitations by courts of the United States in suits for damages to cargo arising on the high seas on voyages to this country. The Frey, 92 Fed. Rep. (U. S.) 667. Signals.—A passing steamer, having the right of way, is not in fault for a collision because she failed to give the signal to indicate which side she expected to take, when the other vessel was aground, and her movements could not have been influenced by such signals. The Maurice B. Grover, 92 Fed. Rep. (U. S.) 678. Act in Extremis.—One of two passing vessels cannot be held in fault for a collision merely because of an error on the part of her master, where he acted in an emergency and upon a reasonable judgment, in view of the circum- stances as they were presented to him at the time. The Maurice B. Grover, 92 Fed. Rep. (U. S.) 678. Collision—Tug and Tow—Lockout.—A tug cannot be exonerated from fault fora collision in the night, where she failed to keep a lookout at the bow of the float she was towing, which projected about 100 feet beyond the tug, and it was not shown that the maintenance of such lookout would not have prevented the collision. The Lyndhurst et al., 92 Fed. Rep. (U. S.) 68r. Collision—Steamer Aground—Carrying Sailing Lights.— Under the navigation rules on the lakes (Act Feb. 8, 1895, 28 St. 645, Rules 1, 3), a steamer should not carry sailing lights when aground, and is in fault for a collision resulting from her misleading an approaching vessel by such lights. The Maurice B. Grover, 92 Fed. Rep. (U.S.) 678. Collision—Negligent Navigation—The schooner P weigh- ed anchor to the west of the channel of the Delaware river, and started to turn around, and proceed down stream with the tide, before a strong wind. The schooner L was sailing in full view down the east side of the channel, with a space of half a mile in width in a straight line between P and the line on which L, was sailing. P made a wide circle in turn- ing, and, though P bore further to the eastward, the vessels collided. When the collision was imminent, nothing was done by the navigators of P to avert it, though, if her main peak had been dropped, the collision would probably have been averted. Experienced navigators testified that P should have been turned in the space of less than a quarter of a mile. Held, that the collision was the result of the bad navigation and negligence of the P, and that she could not recover for injuries. The William J. Lipsett, 92 Fed. Rep. (U. S$.) 522. Fare Furnished Passengers.—Where the fare furnished passengers on a long sea voyage is such as usually provided, and is sufficient in quantity and properly cooked, and the passengers really do not suffer, they have no ground for the recovery of damages because it is not so good as might have been furnished, or is as provided on vessels taking short voyages. The President, 92 Fed. Rep. (U. S.) 673. Collision—Lights—Ship not Under Command.—Article 4 of the sailing rules, requiring two vertical red lights to be exhibited by a ship when not under command, refers to vessels in some way disabled, and does not apply to a brig- antine which was simply moving very slowly in a light wind, though she had not complete steerageway for all manceuvers, but sufficient to keep her course. The Cher- uskia, 92 Fed. Rep. (U. S.) 673. Shipping—Carriage of Passengers—Construction of Con- tract.—A vessel which contracts to carry passengers toa port, where they are to procure boats to land themselves and their stores, is bound, on reaching such port, to remain a reasonable time to enable the passengers to procure boats and to make their landing, and is only excused from so remaining by act of God or the public enemies. The Presi- dent, 92 Fed. Rep. (U. S.) 673. Steamship and Sailing Vessel—Crossing or Overtaking— Signal Lights.—Evidence considered in relation to a colli- sion between the German steamship Cheruskia and the ‘British brigantine R, L. T. at sea, in the evening during a fog, by which the brigantine was lost, and held to show that the steamship alone was in fault as a crossing and not an overtaking vessel, and that no signal lights were required. The Cheruskia, 92 Fed. Rep. (U. S.) 683. Lights.—A tug, in charge of a tow consisting of a tier of canal boats, which left the tow adrift in the night for up- wards of an hour without proper lights at the bow and stern of the outside boats of the tier, as required by the inspectors’ rules (rule 11), promulgated under 30 Stat. 102, is in fault for a collision occuring during such time, by which the tow was injured, both on the ground of the abandonment of the tow, and of towing without proper lights on the tow. The Lyndhnrst et al., 92 Fed. Rep. (U. S.) 681. Collision—Tug and Tow—Right of Way—Failure to Ob- serve Signals.—The steam tug Defiance, with two canal boats dashed to her side, on approaching the gap leading in- to the Atlantic Basin, Brooklyn, while some distance away, gave the usual long whistle to indicate that she was going in, and again, when near the entrance, twice signaled by two whistles, The tug Dayton, with a tow, was approaching W. A. 57 WADE BUILDING. MicGILLis & Co. DREDGING. : # CLEVELAND, OHIO. a the gap from the inside, and when the second signal was ~ given by the Defiance, was from 100 to 2co feet from the entrance. She did not stop, and there was a collision be-— tween the tows in passing in the gap, without fault in navi- gation on the part of the Defiance. Held, that the Defiance was the privileged vessel, entitled to the right of way, an the Dayton was alone in fault for the collision, in failing to” observe the signals, and to keep inside until the Defiance had passed through the gap. The Defiance and the Edwin Dayton, 92 Fed. Rep. (U. S.) 521. ‘ Seamen—Penalty for Detaining Clothing.—A criminal information will not lie for the violation of 28 Stat. 667, c 97, which exempts the clothing of a seau;an from attach. ment, and provi es that any person who detains such cloth ing when demanded by the owner shall be liable to a pen alty, as a penalty imposed by an act of Congress is a debt, | to be recovered by a civil action, and for which, in a state where imprisonment for debt has been abolished, imprison ment by a federal court is prohibited by Rev. Stat. Sec. 990. United States vs. Younger, 92 Fed. Rep. (U. S.) 672. Management of Ship—Repairs in Port of Distress.— Whe a ship is obliged, during a voyage, to put intoa foreign po for repairs, owing to injuries received in a storm, an erro of judgment of the master as to the extent of repairs nec essary, where he exercises diligence and care, and acts i good faith, pertains to the management of the ship, withi Sec. 3 of the Harter act (A Supp. Rev. Stat. p. 81), and doe not render the owners liable for an injury to-the cargo whic might have been prevented had more extensive repairs bee! made. The Guadeloupe, 92 Fed. Rep. (U. S.) 670. Management of Ship—Neglect to Open Sluicés,—Th opening of a sluice gate designed to empty the bilges was neglected for 20 days during heavy weather. The accumu lating water overflowed the bilges, and damaged the car, properly stowed in the hold. Held, that the neglect open the sluices, if a fault, was one pertaining to the ‘man agement of the ship,’’ within Sec. 3 of the Harter act, and that the ship and owners were exempted thereby fr liability for the resulting damage. The Sandfield, 92 Fed Rep. (U. S.) 663. _Shipping—Damage to Cargo—Seaworthiness.—A stipu tion in a contract of affreightment exempting the ve from liability for loss and damage to the cargo occasion by any latent defects in the hull of the vessel does extend to such as were in existence at the commencem of the voyage; nor does the provision of Sec. 3 of the Har act, by which, if the owner has exercised due diligence make the vessel in all respects seaworthy, neither he the vessel is liable for losses arising from the dangers of sea, relieve the owner or vessel from the consequences unseaworthiness at the inception of the voyage, though t a Pa be shown. The Sandfield, 92 Fed. Rep. -) 663.

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