McCaldin v. The Ice King

• Decision Date: 01 December 1892
• Citation: 52 F. 894
• Parties: THE ICE KING. v. THE ICE KING. McCALDIN et al. In re KNICKERBOCKER STEAM TOWAGE CO.
• Court: U.S. District Court — Southern District of New York

52 F. 894

THE ICE KING.

McCALDIN et al. v. THE ICE KING.

In re KNICKERBOCKER STEAM TOWAGE CO.

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

December 1, 1892

Carpenter & Mosher, for libelant.

McCarthy & Berier, for claimants and petitioners.

BROWN District Judge.

A little after 11 o'clock on the night of October 6, 1891 the steam tug Ice King, having a barge in tow on a hawser of about 80 fathoms, in coming down the North river, after rounding Anthony's Nose, where the river is not over 600 yards wide, came in collision with the steam tug McCaldin Brothers, which was going up the North river and was looking for a boat which she was to take out of a tow coming down. The stem of the Ice King, pointing nearly straight down river, struck the port bow of the McCaldin Brothers, which was heading probably some three or four points towards the east shore, from the effects of which the McCaldin Brothers sank before she was able to reach the western shore of the river, and two of the crew were drowned. The first above libel was filed to recover the damages to the tug, and the owners of the Ice King subsequently filed their petition for limitation of liability, and at the same time denied that the collision was by any negligence of their tug.

Upon the conflicting testimony, I find the following facts: (1) That the tide at the time of collision was running at least two hours flood; (2) that by the understood practice of boatmen, the proper course for the McCaldin Brothers on the flood tide was near the middle of the river, leaving the easterly shore for the benefit of tugs, with tows, coming down around Anthony's Nose; (3) that the place of collision was not more than 300 feet from the easterly shore and not more than an eighth of a mile below Anthony's Nose, as must be inferred not merely from the direct testimony, but from the place where the wreck was sunk on crossing the river, to wit, considerably above Anthony's Nose; (4) that no signals were given by either boat to the other until they were within 200 or 250 yards of each other (5) that the McCaldin's captain and pilot were under the influence of liquor; (6) that both tugs were in a position to show each other their colored lights when over a half mile distant from each other, the McCaldin Brothers being then towards the westerly side of mid river, but working over gradually towards the easterly shore, along which the Ice King was proceeding; (7) that the McCaldin Brothers showed her green light to the red light of the Ice King, before the Ice King had got around Anthony's...