Carlson v. United New York Sandy Hook Pilots' Ass'n

• Decision Date: 07 April 1899
• Citation: 93 F. 468
• Parties: CARLSON v. UNITED NEW YORK SANDY HOOK PILOTS' ASS'N et al.
• Court: U.S. District Court — Southern District of New York

93 F. 468

CARLSON v. UNITED NEW YORK SANDY HOOK PILOTS' ASS'N et al.

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

April 7, 1899

Wheeler & Cortis, for libelant.

J Culbert Palmer and Harrington Putnam, for respondents.

BROWN District Judge.

The above libel was filed by the administrator of Theodore Carlson, a seaman on the steam pilot boat New York, whose death is alleged to have been caused by the negligence of the mate of the New York in reversing the propeller, in consequence of which the yawl, in which the seaman had just launched, was caught and the two seamen in her killed. The accident occurred at about 10:30 p.m. of November 12, 1897 outside of Sandy Hook, and a little to the eastward of the easterly end of Gedney Channel.

The steam pilot boat New York was 177 feet long, and built expressly for the pilotage service. She was owned by the United New York Sandy Hook Pilots' Association and the United New Jersey Sandy Hook Pilots' Association, which were corporations organized under the state acts of New York and New Jersey, upon the reorganization of the pilotage service in 1895, for the purpose of taking the title to all the pilot boats used in the service; and the New York was built by those corporations afterwards for the same service. These corporations exercised no control over the management or running of the pilot boats, or of the New York. The boats were turned over for use and management to the pilots, who were shareholders in the corporations, and who formed incorporated pilots' associations, the presidents of which are co-defendants in the above libel.

At the time of this accident the New York was stationed, as usual near the easterly end of Gedney Channel for the purpose of supplying pilots to such incoming vessels as had been missed further outside, and also for the purpose of taking off pilots from outward bound vessels. Receiving a signal from the outward bound steamer Massachusetts that a pilot was to be discharged, the New York, which was then somewhat to the northward of the outlet of Gedney Channel and heading northeast, was turned around through the westward and southward, under a starboard wheel, until she came nearly astern of the Massachusetts and followed her up until she was about 150 feet distant from her and on her starboard side, whereupon the starboard yawl was ordered to be launched and manned by two men, Carlson and Ayres, who were to row to the Massachusetts and receive the pilot. After the two men had got aboard, the port yawl was lowered by means of a falls and a hook which hooked into a sling holding the yawl, by which it was speedily lowered into the water on the port side of the New York. At that time, according to the testimony, the New York was moving ahead very slowly, the engine being stopped; and about a minute, as was supposed, after the yawl had been unhooked, the propeller was reversed and about 30 revolutions made backward in order to avoid too near an approach to the Massachusetts in the strong westerly wind. A few moments afterwards it was noticed that the yawl could not be seen approaching the steamer even by the use of the search light, and on examination a broken oar and some pieces of wreckage were found a little astern of the New York, and the next day the bodies of the two men were found mutilated upon the shore. These circumstances leave no reasonable doubt that the men lost their lives from the fact that the yawl in some way was struck by the propeller blades while reversing; why or how the yawl came to be there or what neglect or inaction, if any, of the men on board contributed to this result, is wholly unexplained, and is left to mere surmise.

The evidence shows that it was customary after the yawl was unhooked and 'was in position to take care of itself' for a signal 'all right,' or 'all gone,' or 'all free,' to be given to the man in the pilot house to indicate that the yawl was clear, and that the steamer could be navigated in any way desired. The mate testifies that he received the usual signal on this occasion, and that he waited about a minute before reversing. The witness Christensen, one of the sailors who assisted in lowering the yawl, testified that the usual hail 'all right' or 'all gone' was not given. Waldie, the boat keeper, and who operated the winch in lowering away, says: 'I told the mate the yawl was gone and we had used the port yawl. ' Heath, who was one of the pilots on board watching for outward bound vessels, and who was in the pilot house at the time of the accident, says Mr. Waldie came forward and said: 'All right, we have used the port yawl. ' Christensen also states that Waldie made the report that the port yawl had been used instead of the starboard yawl, as first ordered. I am not warranted on this evidence in rejecting the statements of the three witnesses that the words 'all right' or 'all gone' were used in the report to the mate in the pilot house, in accordance with the usual custom, from which he would rightly understand that he was free to navigate the steamer as desired.

It is urged that these three witnesses have an interest in the result which should deprive their testimony of credit. The only testimony opposed, however, is that of Christensen, and upon the single point only that he did not hear the signal given 'all right' or 'all gone.' But inasmuch as he says that a report was made by Waldie in regard to the use of the...