THE COASTWISE, 162.
| Decision Date | 08 January 1934 |
| Docket Number | No. 162.,162. |
| Citation | 68 F.2d 720 |
| Parties | THE COASTWISE. THE FORT ARMSTRONG. COASTWISE TRANSP. CORPORATION v. CHARLES NELSON CO. et al. |
| Court | U.S. Court of Appeals — Second Circuit |
Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellants.
Duncan & Mount, of New York City (H. W. Dieck, Jr., and Charles R. Millett, both of New York City, of counsel), for appellee.
Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
The collision occurred in the Elizabeth river near Norfolk, Va., on the night of August 9, 1929. The Fort Armstrong left the Army Base piers and proceeded through a channel leading to the main channel into which she turned to go down the river. To make her turn to starboard and get straightened out in the 600-foot dredged channel necessitated backing, and while she was engaged in this maneuver the Coastwise, which was bound down the river from Lambert's Point, came up with her and the port bow of the Coastwise came into contact with the stern of the Fort Armstrong. No damage was suffered by the latter, but the bow of the Coastwise was injured. The District Court held both vessels at fault, the Coastwise for not having held back sufficiently to keep out of the way, the Fort Armstrong for having continued her backing movement when it should have been plain to her navigators that there was a risk of collision.
The fault of the Coastwise is plain. She saw the Fort Armstrong when more than a mile away, knew that she would have to "back and fill" to get straightened out in the channel, and intended to follow her down the river. Nevertheless the Coastwise kept on at full speed for ten minutes, then at half speed for two minutes, then stopped her engines for one minute, had them half astern for one minute, and finally put them full astern only one minute before the collision. These engine movements are taken from her log, and discredit the story of more careful navigation to which her witnesses testified. If the Fort Armstrong be considered as on a steady course, despite having to back to make her turn, then under the rules applicable to an overtaking situation, the Coastwise was bound to keep out of the way. But it is unnecessary to decide whether the Fort Armstrong was on a steady course; if the situation be viewed as one of special circumstances, the Coastwise fares no better. She knew that the Fort Armstrong would have to back to make her turn. Just how far she might have to back was a matter of conjecture. The Coastwise should have kept far enough away to allow her necessary...
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