O'Sullivan v. Compagnie Generale Transatlantique

43 F. 151, 1890 U.S. Dist. LEXIS 195
CourtDistrict Court, S.D. New York
DecidedMay 20, 1890
StatusPublished
Cited by10 cases

This text of 43 F. 151 (O'Sullivan v. Compagnie Generale Transatlantique) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Sullivan v. Compagnie Generale Transatlantique, 43 F. 151, 1890 U.S. Dist. LEXIS 195 (S.D.N.Y. 1890).

Opinion

, Brown, J.

The above libels were filed to recover damages for the, loss of the pilot-boat Charlotte Webb, with tho personal effects of those on [152]*152board, through collision with the French steam-ship La Normandie, in a dense fog at sea, from five to eight miles east by south from Sandy Hook-light-ship, towards midnight of May 28, 1889. The first-named libel is against the owners of La Normandie in personam; the second, brought by the same libelant with one other libelant, who was a passenger on the pilot-boat, is against the ship in rem. The Normandie is a steam-ship of the first class, plying regularly between Havre and New York, about 464 feet long, 50 feet beam, 25 feet draft when loaded, displacement at 21$ feet draft, 8,392 tons, and between 7,000 and 8,000 tons burden. She has triple expansion engines, of 6,600 horse-power; a single right-hand propeller, about 22 feet in diameter, wdth a pitch of 9 meters and 80 centimeters, (about -32 feet,) giving under her ordinary full speed about 56 or 57 revolutions per minute, and a speed of 16 knots- per -hour. The Charlotte Webb was a two-masted schooner, 85 feet long, 23$ feet beam, and was in the service of licensed pilots. The Normandie left her dock at New York at 7 A. m. of the 28th of May. Encountering a dense fog at Sandy Hook, she came to anchor. A little’ before 10 p. m., the weather being.still foggy, she resumed her voyage, passed a little-to the northward of the Scotland light-ship and the Sandy Hook light-ship, both of which she made, the latter at 20 minutes past 11 p. M., and was then put upon a course of east by south, and so continued until her wheel was ported a few moments before collision. The Charlotte Webb left Stapleton, Staten island, between 11 and 12 o’clock of the same morning, on a cruise at sea in search of pilot service. She had on board four pilots, six seamen, and Green, who was a passenger or volunteer. The wind was light, about south-east by east, and she was sailing upon the starboard tack,- with her booms to port, and her jib, foresail, and one reefed mainsail, all close-hauled, and a stay-sail hauled to the mast, with the sheet to starboard, making not over one or two knots per hour, upon a course E. N. E., or N. E. by E. and crossing, therefore, the steamer’s course at an angle of from three to four points to port. The fog continued dense up to the moment of collision. The pilot-boat was struck near her fore rigging on the port side, by the stem of the steamer, at an angle variously estimated to be from 60 to 90 degrees. She was a little more than half cut through by the blow, ■carried along in the jaws of the steamer for a short period, until, as the steamer stopped by the backing' of her engines, she dropped from the stem of the steamer and sank in 13 fathoms of water. Several of her men jumped overboard, or went down with the schooner; two of whom (Malcolm, the wheelsman, and Fitzgerald, the boat-keeper) were drowned; the rest had got into the yawl, which had been hove overboard before the collision, and, after being upset, they were rescued by the steamer. The libelants contend that the collision arose in consequence of the immoderate speed of the steamer, of her failure to heed the signals given by the' pilot-boat, and her neglect to stop and back in time. The respondents claim that the steamer was in no fault in these respects, and that the collision arose through the failure of the pilot-boat to give proper signals, or to veer, as it is claimed she might and ought to have done, [153]*153out of the line of the steamer’s course when it was perceived that the steamer was coming directly upon her, and could not avoid her.

Damages for collision are given under our law only upon proof of fault, actual or presumptive. As between a steamer and a sail-vessel, upon proof that the latter lias observed all the rales of navigation, fault in the steamer in case of collision is presumed, except on an issue of inevitable accident, (The Florence P. Hall, 14 Fed. Rep. 408-416, 418, and cases cited;) and the burden is upon her, if she would avoid liability, to satisfy the court that she has observed all the rules of navigation, and of careful seamanship. If this be proved to the satisfaction of the court, she is entitled to acquittal. The loss is ascribed to inevitable accident, or perils of the sea, and remains where it fell. The Morning Light, 2 Wall. 550-556; The Marpesia, L. R. 4 P. C. 212-219.

The Pilot-Boat’s Signals. On careful consideration of the testimony, and of all that has been urged in behalf of the claimant, I must find that fog signals, as required by law, were duly given by the pilot-boat, and that she is without fault in this respect. When the Normandie’s whistles were first heard two persons only were on deck, Capt. Scott, who was at the wheel, and in charge of the watch after 10:40 r. m., and Olsen, who was the lookout, and blowing the fog-horn. The horn was blown by a mechanical appliance of approved form, giving blasts audible, as the testimony states, at three or four times the distance at which a born blown from the mouth would be heard. Olsen went on the lookout at 10 r. m. He and Capt. Scott testify that the horn was sounded regularly at intervals of about a minute from that time to the collision; the signal being one blast, in conformity with the rules of navigation, the pi- • lot-boat being on her starboard tack. The fog signals of the Normandie, as they testify, were heard a considerable time before collision, estimated at from 15 to 30 minutes. These signals, according to the claimant’s testimony, were given at intervals of about one minute. Capt. Scott testifies that ho located these signals as bearing by compass W. by N., or W. N. W., and that they continued on the same bearing until the collision; that, alter hearing six or eight of those signals, he called up Pilot Hammer, who thereupon came up and remained some time standing in the companion way, and watching for the steamer. Both used glasses. Soon afterwards Hammer called up Pilot Hines. Hammer and Freeman testify to hearing the signals from the Normandie upon the same bearing, and that the pilot-boat replied thereto regularly for some time before the collision, and that they heard the pilot-boat’s previous signals before they came on deck. Four other witnesses testify to hearing the horn blown while they were below. After Hammer came up Capt. Scott ordered a bomb to be fired, which was done, giving a report, it is said, louder than a cannon. To get, to fix, and to tire the bomb took “about a minute.” After the bomb, a flash light was shown over the port side for-about a minute. After that, another bomb was fired, and then the flash light was again shown on the port side. Meantime the boat-keeper and all hands "had been called from below. The steamer’s lights were first soon about the time, or soon after, the second bomb was fired. She [154]*154-was thfen' probably not over a quarter of a mile distant. It was then, or very soon afterwards, that the yawl was' hove over, before all the men below had got on deck. Scott and Hammer jumped into the yawl at •once. Two others bélow, roused by the calls and the noise above, came up, saw the steamer’s lights, and got into the yawl; they did not pull away before they were upset by the collision. Larsen estimated that the yawl was launched eight minutes before collision; Anderson, three .or four minutes. Freeman thinks the second bomb fired was a half hour before collision. These estimates carry no weight. Capt. Scott, the other pilots, and Olsen say the boat was thrown over just before the collision, and of that I have no doubt.

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Bluebook (online)
43 F. 151, 1890 U.S. Dist. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osullivan-v-compagnie-generale-transatlantique-nysd-1890.