The Warren

• Citation: 18 F. 559
• Parties: THE WARREN.
• Decision Date: 27 November 1883
• Court: U.S. District Court — Southern District of New York

18 F. 559

THE WARREN.

United States District Court, S.D. New York.

November 27, 1883

Chas E. Crowell, for libelant.

Beebe &amp Wilcox, for claimants.

BROWN J.

As the libelant's steam lighter the Amelia, loaded with 900 barrels of sugar, was coming down the East river against a strong flood-tide, about 1 P.M. of September 27, 1880, bound for pier 36, East river, the ferry-boat Warren, running from Williamsburgh to Roosevelt street, New York, overtook her and was passing on the starboard side of the Amelia. When nearly past her, the port quarter of the Warren, about 15 feet from her stern, came in collision with the starboard bow of the Amelia, causing the latter some damage, for which this suit is brought to recover compensation. The collision was near the Brooklyn shore, between Bridge and Catharine streets, at a distance variously estimated by the different witnesses of about 75 to 250 feet. Above the Catherine-street pier there is an eddy on the flood-tide, in which it is said the Amelia was running. The witnesses on each vessel claim that the other vessel gave a sheer towards the other, and each testifies that their own vessel continued straight on.

The statute of this state requires that no steam-boat overtaking another shall pass within 20 yards. 1 Rev.St.p. *684, § 7. There was nothing in the circumstances in this case to prevent the Warren, which was the overtaking vessel, from complying with this rule. She came up abreast of the Amelia and passed along-side of her not above 50 feet off, even by the claimant's testimony, and within 15 or 20 feet according to the testimony of the libelant. This near approach to the Amelia by the Warren, in violation of law and without excuse, was the primary cause of the collision which followed, and on that ground the Warren must be held liable.

As respects the Amelia, it is impossible to reconcile the conflicting testimony. From the whole evidence I am satisfied, however, that the Warren had nearly passed the Amelia, and that she was also approaching the latter's bows; but whether from any change of wheel by either vessel or by which, if either, I find it impossible to determine with any certainty. It may have resulted somewhat from the currents in the river in the edge of the eddy. But, whatever the immediate cause of the collision, it did not occur until some time after the pilot-house of the Warren had passed ahead of the Amelia, and the pilot of the...