Chase v. Belden

• Citation: 9 N.E. 852,104 N.Y. 86
• Parties: CHASE and another, Ex'rs, etc., v. BELDEN.
• Decision Date: 18 January 1887
• Court: New York Court of Appeals

104 N.Y. 86

9 N.E. 852

CHASE and another, Ex'rs, etc.,

v.BELDEN.¹

Court of Appeals of New York.

January 18, 1887.

This is an appeal from a judgment of the general term of the Third department, affirming a judgment of nonsuit on the trial of the issues before Justice OSBORN and a jury at the Ulster circuit. The action was originally brought by William Donahue, the testator of the present plaintiffs, to recover the value of the steam-boat Charlotte Vanderbilt, from William Belden, the respondent, owner of the steam-yacht Yosemite, for the running down of the Vanderbilt by the Yosemite near Esopus Meadow light-house, on the Hudson river, at between 9 and 10 o'clock in the evening of July 14, 1882. The value of the Vanderbilt was admitted to be $16,000, and that she was a total loss. The Vanderbilt was a freight and passenger steam-boat, running between Albany and New York, on the Hudson river, and at the time of the collision was on her way to the city of New York. The Yosemite was an iron steam pleasure yacht, of 481 tons burden, with two masts, and having sails, which were furled at the time of the collision. When the collision happened she was under steam, on a trip from New York to Catskill, and proceeding at the rate of about 16 miles an hour. She carried the usual red and green lights, and at her foremast a white light, corresponding in character and position with the lights prescribed for ocean-going steamers, and steamers carrying sail, by section 4233, rule 3, Rev. St. U. S. She was enrolled in conformity with title 50, entitled ‘Regulation of Vessels in Domestic Commerce,’ of the Revised Statutes of the United States, and was licensed, in pursuance of Chapter 2, tit. 48, of the same statutes, ‘exclusively as a pleasure vessel, and designed as a model of naval architecture,’ with leave ‘to proceed from port to port of the United States, and by sea to foreign ports, without entering or clearing at the custom-house, but not to be allowed to transport merchandise, or any passengers for pay.’

There is a great mass of evidence in respect to the circumstances of the collision-on the part of the plaintiff for the purpose of showing that the collision was caused by the negligence of the Yosemite, and especially from her failure to carry the proper lights; and on the part of the defendant to show that it was caused by the mismanagement and neglect of the Vanderbilt. The court, at the conclusion of the case, nonsuited the plaintiffs, on the ground that no negligence had been shown on the part of the defendant; and especially that the principal ground of negligence on the part of the defendant relied upon by the plaintiffs, viz., that the Yosemite did not carry the proper lights, was not true,-the court holding that she did carry at the time the lights required.

As the case turns upon the question of lights, it is only necessary, in addition to the foregoing facts, to state the rules, as to lights upon steamvessels, prescribed by section 4233 of the Revised Statutes of the United States, so far as material here:

‘Rule 1. Every steam-vessel which is under sail, and not under steam, shall be considered a sail-vessel; and every steam-vessel which is under steam, whether under sail or not, shall be considered a steam-vessel.

‘Rule 2. The lights mentioned in the following rules, and no others, shall be carried in all weathers, between sunset and sunrise.

‘Rule 3. All ocean-going steamers, and steamers carrying sail, shall, when under way, carry ( a) at the foremast head a bright white light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of twenty points of the compass, and so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam, on either side; ( b) on the starboard side a green light of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam, on the starboard side; ( c) on the port side, a red light of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam, on the port side. The green and red lights shall be fitted with inboard screens, projecting at least three feet forward from the lights, so as to prevent them from being seen across the bow.

‘Rule 4. Steam-vessels, when towing other vessels, shall carry two bright white mast-head lights, vertically, in addition to their side lights, so as to distinguish them from other steam-vessels. Each of these mast-head lights shall be of the same character and construction as the mast-head lights prescribed by rule 3.

‘Rule 5. All steam-vessels, other than ocean-going steamers and steamers carrying sail, shall, when under way, carry, on the starboard and port sides, lights of the same character and construction, and in the same position, as are prescribed for side lights by rule 3, except in the case provided in rule 6.

‘Rule 6. River steamers, navigating waters flowing into the Gulf of Mexico, and their tributaries, shall carry the following lights, namely: One red light on the outboard side of the port smoke-pipe, and one green light on the outboard side of the starboard smoke-pipe. Such lights shall show both forward and abeam, on their respective sides.

‘Rule 7. All coasting steam-vessels, and steam-vessels other than ferryboats and vessels otherwise expressly provided for, navigating the bays, lakes, rivers, or other inland waters of the United States, except those mentioned in rule 6, shall carry the red and green lights as prescribed for ocean-going steamers, and, in addition thereto, a central range of two white lights; the after-light being carried at an elevation of at least fifteen feet above the light at the head of the vessel. The head-light shall be so constructed as to show a good light through twenty points of the compass, namely, from right ahead to two points abaft the beam, on either side of the vessel; and the after-light, so as to show all around the horizon. The lights for ferry-boats shall be regulated by such rules as the board of supervising inspectors of steam-vessels shall prescribe.’

P. Cantine and Hallock, Jennings & Chase, for appellants, Chase and another, Ex'rs, etc.

Luther R. Marsh, for respondent, Belden.

ANDREWS, J.

The plaintiffs were nonsuited on the ground that the Yosemite, at the time of the collision, had the proper lights, and that no negligence was imputable to her on any other ground. This ruling was affirmed by the general term.

The right of the defendant to maintain this judgment must, we think, turn upon the correctness of the ruling that the Yosemite carried the proper lights. The counsel for ...