O'Sullivan v. Compagnie Generale Transatlantique

43 F. 151, 1890 U.S. Dist. LEXIS 195
District Court, S.D. New York·Decided May 20, 1890·Published·Cited by 10 cases

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] board, 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] out 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.

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

43 F. 151 (O'Sullivan v. Compagnie Generale Transatlantique) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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