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CE ESTABLISH D 1878. VOL. XV. CLEVELAND, OHIO, JANUARY 14, 1892. NO. 38. Maritime Law. COLLISION WITH VESSEL AT FIRE—GUST OF WIND—CLAIM OF INEVITABLE ACCIDENT. U.S. District Court, Southern District of New York. A steam elevator in attempting to moor alongside certain barges in the Hudson River, struck and sunk one. The ele- vator claimed that the collision was an inevitable accident, due to a sudden gust of wind, The evidence showed that the wind was strong, that the elevator left the less exposed side of the river to come somewhat with the wind to the more exposed side where barges lay, and that especial care in a wind is re- quired at the place where she attempted to bring up. Held, that the evidence showed a lack of caution in the elevator in approaching her dock, that the collision was therefore not an inevitable accident and the elevator was liable for the damage. NEGLIGENT TOWAGE—CONTACT BETWEEN TOW AND PIER—OLD AND WEAK BOAT—APPORTIONMENT. U.S. District Court, Southern District of New York. A boat is bound to be able to withstand the ordinary con- tacts of navigation, or, if she desires extra care in towage, her master is bound to give notice of her weak condition. Libelants canal buat was weak and unable to withstand ordi- nary contacts of navigation, and no notice thereof was given to claimantstug. The evidence indicates, however, that in taking libelants boat out of a slip she struck the pier so heavy a blow that she afterwards sank from the effects thereof. Held, that the damages should be divided. District Court, D. Massachusetts. September 29, 1891. COLLISION—STEAM AND SAIL—FOG HORNS. As the steamer Parthian was proceeding northward 50 miles off Sandy Hook, in a thick fog, she heard prolonged blasts re- sembling those of a steam whistle on her port bow, and, sup- posing them to be made by a vessel under steam, siowed down to half speed, and gave two blasts on her whistle, as a signal that she would direct her course to port, and pass on the star- board side. Receiving two short blasts in return, she put her helm hard to starboard, and as she was falling off repeated ber signal, which was answered by a single blast. She thereupon threw her wheel hard to port, and reversed her engines full speed astern, but shortly afterwards collided with a sailing vessel. The sounds made by the latter were produced by an instrument blown by steam from a boiler carried in the hold. Held, that the use of such an instrument, instead of the usual atmospheric horn, rendered the sailing vessel solely in fault. Nelson, J. This collision occurred on the 16th of July, 1890, at 8 o'clock in the morning, in a thick fog. The place of the collision was 55 miles 8. E. by E. from Sandy Hook. The steamer Parthian, of the Boston and Philadelphia Line, was on one of her usual trips from Philadelphia to Boston. The schooner Florence was bound on a yoyoge from Ban- gor to Philadelphia, with a cargo of ice. The wind was light from the northwest. As the Parthian was proceeding on her course to the northward, enveloped in the fog, the men in charge heard on the port bow prolonged blasts, re- peated at frequent intervals and coming nearer, resemb!- ing blasts made by a steam whistle, which they took to be the fog-signals of a vessel under steam. The steamer was thereupon slowed down to half speed, and two short blasts were made withher whistle, as a signal that she would direct her course to port, and pass the approaching vessel on her starboard side. Receiving in reply two short blasts, and deeming this to be an acceptance of the pro- posal indicated by her signal, that the vessels should pass starboard to starboard, her wheel was put hard to star- board. As she was falling off to port under her star- board wheel her signal was repeated, and receiving back a single blast only, her wheel was thrown over hard to port, and her engines stopped and reversed full speed astern but before she could be stopped the schooner Florence ap- peared out of the fog crossing the Parthian’s bows from starboard to port. Nothing more could be done to prevent a collision, and she struck the Florence on her port side just aft of her main rigging. ‘The sounds which the men on the Parthian had mistaken for the fog signals of a o AMES ae steamer proved to have come from the Florence, and were made by a huge copper horn blown by steam supplied from a steam boiler on board. She had no atmospheric horn on board, but carried instead this instrument blown by steam, to be used for signaling inafog. The evi- dence is clear that the sound produced by it closely re- sembled that of some varieties of whistles used on steam vessels, and was so similar as to be extremely likely to deceive and mislead those‘hearing it at a distance, especi- ally ina fog. The men on the Parthian were completely deceived, and none of them, from master to passengers had the least suspicion that the sounds heard on the port bow were not the fog signal of a steamer. There can be no doubt that the course pursued by the Parthian was the usual and proper one under the circum- stances, if the Florence had been a vessel under steam instead of a sailing vessel. Nor can there be any doubt on these facts that the disaster happened solely through the fault of those in charge of the Florence in making fog signals by means of an instrument not sanctioned by the sailing rules. It was plainly her duty to give notice of her presence in the fog by a horn blown by atmos- pheri¢ pressure, and not by blasts from an instrument closely resembling a steam whistle. Her horn was sub- stantially a steam whistle, such as belongs to a vessel under steam, and which a vessel under sail has no right to sound ina fog. The men in charge of the Parthian were not to blame for maneuvers based upon the theory that the approaching vessel was a steamer, and as they fell into this error through those in charge of the Florence, their excuse is complete. In the cross libel of the own- ers of the Parthian against the Florence, an interlocutory decree is to be entered for the libelants, and the libel of the owners of the Florence against the Parthian is to be dismissed with costs. Ordered accordingly. Fed. Rep. Vol. 48 pp. 175. _—_ ED ee LEGISLATION IN THE INTERESTS OF THE MERCANTILE MARINE TO COME BEFORE THE FIFTY-SECOND CONGRESS. To enlarge the ship room and increase the comfort of immigrants. To extend the privileges of the transpor- tation of dutiable merchandise without appraisement to the port of Sardusky, O.—For the establishment of a beacon light and fog signal on the Government break- water recently constructed at Bridgeport, Conn.—To im- prove the navigation and afford ease and safety to the trade and commerce of the Mississippi River, and to pre vent destructive floods, by building and repairing and extending the levees and dikes and other works, with an appropriation therefor.—To amend the act entitled “An act to incorporate the Maritime Canal Company of Nicaragua” approved February 20th, 1889.—To protect the wages of seamen. To amend section 4153 Revised Statutes, defining register touunage, to provide for the supervision of vessel measurement, and to insure accu- racy in the computation of tonnage.—To amend the law relative to the shipment, payment, and discharge of sea- men.—To regulate the changing of the names of vessels. —To inerease the safety of life and property on ships at sea by establishing rules for freeboard or load marks.—To amend an act entitled “An act to amend section 4178 Re- vised Statutes, in relation to the marking of vessels names at bow and stern, and also to provide for marking the draft” approved February 21st, 1891.—Exempting American coastwise sailing vessels piloted by their licensed masters or by a United States pilot from the obligation to pay State pilots for services not rendered. To increase the efficiency of the Engineer Corps of the Navy.—To amend section 3117 of the Revised Statutes of the United States, in relation to the coasting trade on the Great Lakes. ADMIRALTY DOCKET. The assignment of admiralty cases for January 1892, in the United States District Court, Northern district of Ohio,Eastern division, were called on Monday, the 4th. of January. Causes at issue were then assigned for trial. All cases not assigned at that time, were continued. In cases wherein parties are in default, jadgments may be entered without regard to assignment. 1902. The Bradley Transportation Co., et al. vs. The Western Transit Co.; 1914. C. E. Benham, et al. vs. Tug Dreadnaught; 1920. Hugh Coyne ys. Steam Tug Dan Donnelly; 1921. John W. Averill vs. the Tug Cushing; 1926. George Roakes, vs. Schooner Emma C. Hutchinson et al.; 1941. The Bradley Transportation Co. et al. ys. Steam Tug John Gregory; 1949. P. H. Fleming et al. vs. Steam Tug Dan Connelly et al.; 1951. W. C. Runyan et al. vs. AuSable Transportation Co.; 1960. Daniel Con- nelly vs. Steam Tug Helene; 1966. E. J. Cuyler, et al. vs. Steamer Cormorant and Schooner Kent; 1967. A. C. Chapman vs. John Corrigan and X. C. Scott; 1969. Hom- er B, Candler et al. vs. Certain Tons of Ice; 1970. L. P. Smith and J. A. Smith vs. Propeller Fred MecBrier; 1991. H. D. Turney et al. vs. Steamer Wocoken; 1992. Louis B. Presley et al. vs. The Valley Railway Co; 1994. Ed- ward Donaldson vs. Steam Tug Dudley; 1995. Robert Greenhalgh vs Steam Barge Alice Strong; 1996. John C. Brennan ys. Steam Yacht Tempest; 1998. Wyndham C. Jones vs. Steam Tug American Eagle; 2001. The United States vs. Steamer George Stauber; 2006. Edward Dahlke vs. Steam Tug Alva B.; 2008. Walter C. Runyon and Walter E. Mack ys. Chas. E. Benham and Joseph Doyille. OOS ee ASSIGNMENTS IN THE ENGINEER CORPS. The following changes in the stations and duties of officers of the Corps of Engineers U.S. A., are ordered; Major James F. Gregory, from Washington, D.C., to Milwaukee, Wis., and relieve Major Charles E. L. B. Davis of the duties under his charge. Major Davis will take station at Washington, D. C., and relieve Capt. Thomas Turtle of the duties lately under charge of Major Lewis C. Overman. Major Earnest H. Ruffner, now at Quincy, Tils., will turn over the duties under his charge tempor— arily to Major Alexander Mackensie, and proceed to Buff- alo, N. Y., and relieve Major Amos Stickney, who will take station at Cincinnati, O., relieving Major Daniel W. Lockwood of the duties lately under the charge of Lieut. Col. William E. Merrill (S. O., Jan. 5, H. Q. A.) ea ce THE MARINE RECORD ABROAD. The following taken from Fairplay, London, seems to have been endorsed as having the right ring about it.— Tue MARINE ReEcorD, of Cleveland, Ohio, speaks of Captain John Milbank—who had just paid the Recorp office a visit—as “one of the stormy petrels of London Lloyd’s Salvage Association.” pt AER SO Gt Ir looks as if Lake Erie was to have a new canal reaching into Pennsylvania at least judging from the charges placed upon Senators and Representatives by their constituents, Senator Quay wants a canal from the Ohio River to Pittsburg. Mr. Griswold, of the Erie district has introduced a similar bill, for the survey of the route, Mr. Dalzell, of Alleghany, has one appropria- ting $40,000 for surveys, and authorizing the selection of the most feasible route through Ohio and Pennsylvania. Mr. Gillespie, of Pennsylvania, has also introduced a bill for a canal, making Conneaut, V., the northern terminus. He claims the advantage of a route twenty miles shorter. Yet even with all of these advantages and influences it is questionable if the fifty second Congress will authors r ts even the survey made. adc