Belden v. Chase

• Decision Date: 18 December 1893
• Docket Number: No. 66,66
• Parties: BELDEN v. CHASE et al
• Court: U.S. Supreme Court

150 U.S. 674

14 S.Ct. 264

37 L.Ed. 1218

BELDEN

v CHASE et al.

No. 66.

December 18, 1893.

Statement by Mr. Chief Justice FULLER:

This was an action at law brought by William Donahue, owner of the steamboat Charlotte Vanderbilt, in the supreme court of the state of New York, against William Belden, owner of the yacht Yosemite, for so negligently navigating the yacht as to run down and sink the steamboat in the Hudson river a little north of Esopus Meadow lighthouse, and some 90 miles north of New York city, at or about half past 9 on the evening of July 14, 1882. Donahue died leaving a will, which was admitted to probate, and letters testamentary duly issued thereon to Emory A. Chase and William J. Hughes, who qualified as executors, and the action was thereupon revived and continued in their names. There have been three trials. Upon the first a verdict was rendered in favor of the plaintiffs, and judgment entered thereon, which, on appeal to the general term of the supreme court, was reversed, and a new trial granted. Chase v. Belden, 34 Hun, 571. The case having been again tried, the trial court, proceeding in accordance with the rulings of the general term, nonsuited the plaintiffs. This judgment was affirmed by the general term, and upon appeal to the court of appeals the judgment was reversed, and the cause remanded. Chase v. Belden, 104 N. Y. 86, 9 N. E. 852. The case was then tried a third time, and a verdict rendered in favor of the plaintiffs, and judgment entered thereon for $27,668.28 damages (the value of the Vanderbilt, with interest) and costs, which was affirmed at the general term. Chase v. Belden, (Sup.) 1 N. Y. Supp. 48. An appeal was thereupon taken to the court of appeals, and the judgment affirmed, the record being: 'Judgment affirmed, with costs. No opinion. All concur, except Gray, J., who reads for reversal, and judgment affirmed.' 117 N. Y. 637, 22 N. E. 963. The record here also shows this memorandum: 'No prevailing opinion written. See mandate at close of this opinion.' The dissenting opinion by Gray, J., is given in the record, and is reported in 22 N. E. 963. To review the judgment of the court of appeals, this writ of error was brought.

The following map shows the part of the river where the collision occurred:

The Yosemite was going up, and the Vanderbilt down, stream. While the latter was passing between the upper ice house, at Big Rock point, and the lower ice house, at Knickerbocker wharf, she was headed for a point between Esopus light and the shore, and the Yosemite, at the same time, was headed for a point west of Rhinebeck bluff. When opposite the lower ice house, the Vanderbilt changed her course to the eastward, and headed for Dinsmore's house. About the same time the Yosemite gave the signal of one whistle to the Vanderbilt, and she answered swered with one whistle.

After the signals had been thus exchanged, the Vanderbilt blew two whistles, and followed up this signal by such a change in her course as brought her head rapidly to the eastward, until she was in a position almost directly across the stream, and was struck by the Yosemite at her forward gangway, on a line nearly at right angles to her course, with such force as to cut off her bow and sink her immediately.

Plaintiff alleged that the Yosemite was negligent in not having range lights; in that her red and green lights were dim; in not going to the left or the westward when the Vanderbilt gave two whistles, announcing her own intention of going to the left or to the eastward. The Yosemite claimed negligence on the part of the Vanderbilt, in that when the latter was below the upper ice house, at Big Rock point, and both vessels were showing their red lights to each other, the Vanderbilt changed her course to the estward, and headed for Dinsmore's house, thus throwing herself across the path of the Yosemite; in that, when the two vessels exchanged signals of a single whistle, the Vanderbilt did not comply with the signal thus given, and go to the right, but continued her course to the left; in that the Vanderbilt, having the Yosemite on her starboard side, failed to keep out of the latter's way; in that, if the Vanderbilt was in doubt, she did not comply with the applicable rule by giving alarm whistles and slacking up her speed; in that the Vanderbilt, after complying with the signal whistle, changed her mind, blew two whistles, and took a sudden sheer to the left or eastward. It was admitted that the Yosemite did not have range lights, and in this particular the court of appeals held that she failed to comply with the law. It was insisted on behalf of the Yosemite that her side lights were not dim, and that she could not go to the left when the two whistles of the Vanderbilt were heard because it was impossible for her to change her course at that moment in time to avoid the collision, and that the Vanderbilt had no right to blow the two whistles and go to the left after the interchange of signal whistles, which determined that each should go to the right. There was evidence on behalf of the Vanderbilt tending to show that after she gave two whistles the Yosemite replied with two whistles; but on behalf of the Yosemite the evidence tended to show that she did not reply with two whistles, but began to give three whistles, and the collision occurred before she could do so.

The enrollment of the Vanderbilt was issued at the port of Albany, September 25, 1880, in conformity to title 50 of the Revised Statutes, entitled 'Regulations of Vessels in Domestic Commerce,' and stated, among other things, that she was built in 1857, was 207 feet long, and measured 585.74 tons. Her license was issued October 3, 1881, to be employed in the coasting trade for one year from the date thereof, and no longer. Her certificate of inspection was to the effect that she was inspected in the district of Albany July 20, 1881, and that she was permitted to navigate for one year the waters of the Hudson river between Albany and New York, touching at intermediate points, a distance of about 100 miles and return, or any inland route. Among the particulars of inspection were enumerated that she had one watchman and had signal lights.

The Yosemite had a license under title 48 of the Revised Statutes, entitled 'Regulation of Commerce and Navigation,' dated May 27, 1882, describing her as of the burden of 481.51 tons, used and employed exclusively as a pleasure vessel, and designed as a model of naval architecture. She was licensed 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 allowed to transport merchandise or carry passengers for pay. This license was to continue and be in force for one year from the date thereof, or until the return of the yacht from a foreign port, and no longer. Her enrollment was under section 4319, tit. 50, and bore date January 20, 1881, and certified that she had two decks and two masts, that her length was 182 feet, her breadth 23.8 feet, her depth 18.7 feet, and that she measured as above given. Her certificate of inspection described her tonnage and accommo- dations, and stated: 'The said vessel is permitted to navigate for one year the waters of any ocean route between _____ and touching at intermediate ports, a distance of ___ miles, and return.' Among the particulars, it appeared that she had one watchman and signal lights.

The yacht was so constructed that she could be propelled by either the power of steam or sails, or by both, and at the time of the collision her sails were furled, and she was propelled wholly by the power of steam. She had left City island, 18 miles from New York, about 10 o'clock that forenoon, laid at New York until about 3 or 4 in the afternoon, and then left for Catskill.

The following are extracts from the Revised Statutes and the rules of the supervising inspectors:

'Navigation.

'Sec. 4233. The following rules for preventing collisions on the water, shall be followed in the navigation of vessels of the navy and of the mercantile marine of the United States:

'Steam and Sail Vessels.

'Rule One. 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.

'Lights.

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

'Rule Three. 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 Four. Steam...