The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

MARITIME LAW. COLLISION—HUDSON RIVER—NIGHT—STEAM- ER OVERTAKING S8CHOONER—LOOKOUT— FLASHLIGHT—APPORTIONMENT. U.S. District Court, Southern District of | New York. The steamer Saratoga was going down the Hudson River at the tate of knots ina place where the channel is not over 700 or 800 teet wide and on a night which was not intersly dark, A schooner was beating down the river ahead of the steamer und perceived the Iatter when a mile distant and saw that she was aa | rap idly overtaken, and knew that her lights were not visible tothe stenmer, A co lision occurred, for which both vessels were held in fault; the steamer, becnuse she should have seen the schooner at least 500 feetaway and in time to have avoided her, it her look- out had been sufficiently vigilunt; the schooner, becanse, under the circumstances, she should not have failed to exhibit to the steamer a flash light. Brown, J. On the night of August 15th, 1885, as the libellant’s schooner, L. Holbrook, loaded with a cvrgo of brick, was beating down the Hudson river in a light wind, the tide being ebb, fhe was run into by the steamboat Saratoga, on her way from Troy to New York. The place of collision was in about mid-channel, nearly opposite Catskill Point, where the available channel way was only come 700 or 800 feet wide. The wind, 68 admitted in the pleadings was about 8. 8. E., and the schooner was on her starboard tack, She must have been heading, there- fore, nearly directly across the river, or pos— sibly, one point down river; not enough to shut out her red light completely when on her course. She was struck on the port side» near the main rigging, and sank almost im mediately under the stern of the Siratoga. The claimants contend that the night was so dark that it was impossible for the pilot of the steamer to see the Holbrook, until they were close upon her; within 50 feet as her witnesses allege. The steumer was go- ing at the rate of avout 14 knots through the water; the schooner about 1}. The lights of the steamer were seen on board the schooner when she was over a mile distant. No flash light was exhibited frem the schooner. Oathe schooners previous tack, her port tack her head was undoubtedly pointed so much down riv. er, that her green light was not visible to the steamer bebind; and the steamer, being then upon a bend in the river, showed her red light only. The schooner was on the port tack probably about five minutes. She began to come about from her port to her starboard tack probably three or fcur min- utes before the collision; but as the wind was light, she would be slow in coming around and filing away. When ‘she got filed away on the starboard tack, her red ight would not, probably, have cou.e into view to the steamer more than a minute ora half minute betore the collision. When she Jast tacked the two colored lights of the steamer were visible, estimated about a hal! mile distant. The claimants contend that a good lookout was kept on the steamer, and that no Jights at allon the steamer were seen, or were st any time visible. This would be so, if the schooner on her star- board tack head d two points down riy- er. But upon the admilted direction of the wind, it is not probable that she headed ~down so much. The libellante contend that the night wae not dark; that the collision was about 15 minutes before the setting of the moon; that ‘though the sky was somewhat ob-cured, the stars were visible overhead; and that the hulls and sails of vessels could be seen without a light at least half a mile distant. Some witnesses cay that the moon was still visible. Numerous witnesses sustain each side on this point. Tam not satisfied that tne night was as dark as contended for by the claimants. There is no doubt that the time of collision is accurately fixed at very near 11:35 p. m. This was at least 20 minutes before the moon had set. Whether the moon bad at the time sunk behind the western hills or not, its ‘light would not be wholly lost. There was no fog; the clouds were not thick, and were at least broken in places. The large paseenger steamer Dean Richmond passed by at one a. m. her pilot and wheelsman saw the schooner’s mast and sails projecting above water when about five hundred feet distant. She lay a liitle to tne eastward of the Rich- mond’s usual course. The latter, however, veered about a half point to the westward and passed the wreck about 150 feet off. Naturally it would have been darker then than at the vime ot collision before the moon had set. Whether, therefore, the schooner’s red light was exposed to view or nor, it is more probable that the schooner, or her light, if visible, was not seen through some Momentary inattention of the lookout dur- ing the minute or half minute before colli. sion, than that the darkness was so dense that she could not be seen at all until within 50 feet of her, as the claimants allege. Ina half minute the Saratoga traveled about 700 feet. Ifthe night was as dark as the claim- ants allege, the high speed of tne Saratoga in so narrawa channel and where other vessels were tobe expected was unjustifia- ble. The Batavier, 9 Moore, P. C. 286, The Colorado, 91 U. S. 692, 703. I think, ' | however, the schooner could have been seen passenger | at least 500 feet distant, and probably much further off than that. Had she been seen | at that distance, asthe Richmond saw her, ithere was amp’e time to change a point to} the westward; and half that change would | have avoided the schooner. In so narrow | ja channel way, where ves:els were likely to be beating down, with the steamer going at such speed, and when the lights of sai! vessels beati.g downward would be most- ly, if not wholly obscured, the vigilance of the lookout cught to be proportionate to | the danger, much stricter, therefore, than in the open sea where vessels are few, as in) the Algeirs, 21 Fed. Rep. 848. I cannot be- | lieve that if this schooner hed been feen even 300 feet away, a8 she ought tobave been, the steamer would not have been able easily to go astern of her by porting het helm. The libellant, indeed, contends that the schooner was seen, and thatthe steim- er’s helm was etarbourded, and that she at- tempted to cross ahead of the schooner. But this rests chiefly on the steamer’s head swinging to the eastward after the collision, | aud the appearance of the red light juat be- fore collision, and the near approach of the steamer would cause the latter change in light to an chserver onthe after part of the steame1. But as the officers in charge deny any change of helm, I accept their account of the matter in that respect, though not without some doubt, as the steamer had just before been under a starboard helm in com, ing around the long bend. 2. The libelant’s schooner I must hoid to have b-en equally to blame for showing no signal to the approaching steamer, Her lights were seen some time before; first her red light a mile off, afterwards both colored lights, making directly for the schooner, when nearly a half mile distant. She must have known that ber own colored lights, on her previous tack and on coming about were not visible. There was special need, therefore, of some signal to apprize the steamer of the schooners’s presence. Jn the case of the Excelsior (12 Fed. Rep. 208) the failure to exhibit a flash light in the North river under sectien 4234 of the Rev. Stat. was held to be a fault contributing to the collision, The libelant contends that the section applies only to sailing vessels of which the collector or general officers of the eustoms have jurisdiction, The language of the section says “all sailing vessels.’’? The purposes of the act are certainly applicable alike to all vessels engaged in trade and commerce. It would result in great con- fusion and misunderstanding, if the ex- hibition of a flash light were obligatory on some vessels, and not on others. I think all Take 101 10th ¢ or 2811 alike are intended. Aside from the statute, the circumstances in thi3 case were such that the exhibition of a signal light by the schooner was an obfli- gation of reasonable prudence. The pres- ence and the approach of the steamer and her great speed, as one of the usual pas- senger steamers, were known; the channel way was narrow; and the fact that that schooner’s colored lights for several minutes previous had not been visible and certainly up to within two minutes of collision were not visible, when it was clearly time that the steamer ought to be apprised of the schooner’s presence ahead, made it obli- gatory on the schvoner to show some signal. The signal lantern was at hand and could have been used easily. The situation was, therefore, one of manifest danger, before the schooner’s red light could have come into view. The obligation of vessels whose colored lights are obscured to make known their presence seasonably to another vessel behind in circumstances of danger, bas been frequently adjudged. The Over, 13 Fed. Rep. 272; the state of Alabama, 17 do., 855, 856; Erastus Corning, 25 do.,574; the Anglo- Indian, 3 Asp. Mar. C.1.4; 8. C. 33 Law T. (N. 8.) 233,235. The flash or globe light which she had at hand manifestly ought to have been exhibited to the steamer as early as the time of the schooner’s last tacking, and continued at least until her own red light should be clearly shown to the steamer, Had this been done there can be no doubt it would have been seen on the steamer and the collision avoided. The omission of the light was, therefore, a fault contributing to the collision. This fault of the schooner did not, however, excuse the steamer for inatten- tion of the lookout in the special circum- stances above noted. The damages must, therefore, be divided. December 15, 1888. THE SHORTEST DAY. While December 21 is, by asort of com- mon consent, reckoned the shortest day in the year—that is, between sun-up and sun- down—it is not so in strict fact. The 22nd will be precisely the same in shortness, for while sunset is one minute Jater on that day, sunrise is also a minute later, leaving things even at the close. But on the 28rd there isa setback, for while the sun sets on that day one minute later than on the 21st, sunrise is two minutes later, leavlng the 28rd the cham- pion short day by one minute. After the 28rd there is a sort of wobble for several, days until about the 25th or 26th, when the process of lengthening the days really be- gins, oy. Indiana and Many $t.,,. Buffalo, N. %. EAGLE IRON WORKS, | MANUFACTURERS OF Duplex, dihie e bo baaad Engines JACKSON, Ptipstuth. All Kind of Forgings, . Bolts and Truss Rods for Building. 49 Main-st Cleveland SAMUEL McCUTCHEON, STEAMBOAT & ENGINEERS’ SUPPLIES @opper, Brass and Sheet Tron Manufactory. IRON PIPE AND FITTINGS. Agent for Davidson’s Steam Pumps, Amazon Compound, and Orme Patent Safety and Relief Valve, No. 18 Ohio Street, IS ULL LeLO, ao. ee Cleveland Block Go, MANU ACTURERS OF TronTackleBlocks \ TA KING THE PLACE OF WOODEN BLOCKS FOR ALL PURPOSES. 159 St., CL EVELAND, 0 ses, Raising Sail, Hoist- ng Anchor, Pulling in To Line etc., etc. 0} payauu0) sya eg youl Us} YIM sdwing pecially adapted for Boat € S uU a | THE SIMPLEST AND bBhol Ul bibu—saliot'aACLION GUARANTEED, SUBMERGED RUUE BOERS Engines, Boilers and Pumps on Hand for Prompt Shipment CIRCULARS AND PRICES ON APPLICATION. Woodbridge, Fifth and Congress-sts, Detroit, Mich. Forest City UiGAR STORE THOME LIGEEY, Prop'r. MANUFACTURER ANU JOBRE © CIGARS AND ,UBACCOS. 259 PEARLSTREET. Boiler aa Ge = CORRUGATED FLUES FOR STEAM BOILERS, ALL SIZES Manufactured SOLELY IN THE AND WITH UNIVED STATES FLANGED PLSIN. Sanson — -BNDS: | THE CONTINENTAL IRON WO! Leaite ee" BROOKLYN, NEW YORK THE NEW YORK BELTING AND PACKING COMPAI Street Ferries from New Yorgk) to “QREENPOINT. Cuas. H. Corer, } Vice Diaideste Tuos. F. Rowand, JR., Treasurer. sa oe Vulcanized Rubber Packing of Every Description. DASA APAN AT AP ATAS AP ATAD, SASS, eS y Pree Basan saasta to Sasasos5 aes Sei BSCS ©) RUBBER MATS AND STAIR-TREADS| Bi 8 aoe COONS SAS KK com 34 PER is < ies eg foe een Ree HORN Oe ered a “For Halls, Floors, Decks and Companionways,. Pe BRECON OOK OER oO BROOK Rohan i 3 2GOF SOSOROSOSO OG OROR OR OR OR OROm Bese oeeseeeee| Rubber Belting, Packing and Hose, PEON SN RRA SLY aN a eV Ae Vee I NII 4 FIRE TEST HOSE FOR STEAMBOATS & TUGS. — J. D, CHEEVER, Dept. Treaa.f WAREHOUSE: 15 PARK ROW, NEW No, 308 Chestnut St., Phila, 203 Nicollet Ave, Minneapolis Post & Co,, Cincinnati, O. 151 Lake St., Chicago, 52 & 54 § Cor. Wazee and 17th Sts., Denver, Col, Arnett & Rivers, 17 & 19 Main St , San Francisco, a Branch—Pickhuben 5s Hamburg (Frethafengebst) PERFORATED MAT. JOHN H. CHEEVER. Treas, MAKERS OF HoIsTIne Ce EAGLE BOILER W O RKS. I). RIVER, PROPRIETOR, Jia The Latest Improved: Hydraulic Machinery USED IN ALL CLASSES OF WORK: Marine, Stationary, Portable, Locomo” tive and Upright Boilers; also, Salt Pans, Smoke Pipes and Heavy and Light Plate Iron Work of all Descriptions, REPAIRS PROMPTLY ATTEN- DED TO. a,