The Columbia

• Decision Date: 13 July 1903
• Citation: 124 F. 745
• Parties: THE COLUMBIA.
• Court: U.S. District Court — Eastern District of New York

124 F. 745

THE COLUMBIA.

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

July 13, 1903

Ralph Underhill, for libelant.

Frank v. Johnson, for claimant.

THOMAS District Judge.

The libelant was a deckhand on the Columbia, and was standing near the hawser which ran from her stern to the barge Rover in tow, which was carrying about 300 tons of copper, but was not fully loaded. Karlson was standing by for the tug to enter Erie Basin, and do whatever was necessary in the handling of the hawser, which was in the neighborhood of 35 fathoms, including the bridle, one of whose parts was composed of the main line, and the other of a somewhat smaller line spliced to such main line. The bridle was sufficient in size. While the Rover was going at usual towing speed, the spliced piece of the bridle broke, about one foot from the point of union to the main line, and either shipped against the libelant, or he was thrown against it, in such manner as to break both bones of his right leg, and to inflict other injuries of a less serious character. The evidence shows that, upon a general inspection, the line looked fairly well on the outside, but was in bad condition on the inside. It had been in use for a year, and had been used two or three times a week. After the accident the spliced part of the bridle was replaced and the piece taken out and sold for junk. There is evidence of inspection of a general nature. The captain of the tug stated that he was accustomed to look at it, but did not describe with what care or attention he examined it. His evidence is as follows:

'Q. How long had you known this hawser? A. About one year. Q. How long had it been in use in doing this kind of work? A. I had been using it close on to a year. Q. Was it a new one then? A. Yes, sir. Q. Did you ever examine it and look it over? A. I had occasion to look it over once in awhile. Q. About how frequently? A. Maybe once a day sometimes-- sometimes maybe only once a week. Q. Depending on how often you used it? A. Yes, sir. Q. How often did you use it on the average? A. About twice a week. Q. What was the condition of the rope before the accident? A. It appeared to me to be all right all the time that I used it. Q. Did you see it after it broke? A. Yes, sir. Q. Was there any defect in the rope that you saw? A. No; sir.'

It seems from his statement that the master did not discover the bad condition of the broken bridle after the accident. Its...