The Frederick E. Ives
| Decision Date | 30 October 1885 |
| Citation | 25 F. 447 |
| Parties | THE FREDERICK E. IVES. [1] v. THE FREDERICK E. IVES. CONTINENTAL INS. CO. |
| Court | U.S. District Court — Southern District of New York |
Carpenter & Mosher and R. D. Benedict, for libelants.
Wilcox Adams & Macklin, for claimants.
On the twenty-third of December, 1884, the steam-tug Frederick E Ives at Jersey City took in tow a number of 'boxes,' loaded with coal, bound for New Haven. On the way she put in at City island on account of the weather, and remained there until the morning of the 25th, when, the weather being bright and favorable, she proceeded on her way. At about 10 P.M when about half way between Norwalk light and Pennfield light, which is at the entrance of Bridgeport harbor, she met, according to her captain's statement, a cross-sea from the eastward and from the northward, with a high northerly wind and snow, in which, after a couple of hours the tow was broken up. Two or three boats were secured and taken into Bridgeport harbor; one sank almost immediately; several others drifted away to the eastward, and were afterwards found destroyed from two to ten miles from the place of the disaster. The libelants, who had insured the cargo, paid the loss, and brought this suit against the tug for negligence in transportation.
The question of the liability of the tug, upon all the evidence, comes down to the question whether, at the time when the tug and tow passed Norwalk, namely, about 8 P.M., the appearance of the weather and other indications were such as to make it incumbent upon the pilot of the tug to take shelter for the night in Norwalk harbor, which he might have done; or whether it was consistent with ordinary nautical judgment and prudence to continue on in order to make the harbor at Bridgeport, 10 miles distant. A great deal of testimony has been taken in the cause, and no little difficulty exists in determining the direction of the wind,-- one of the material circumstances,-- when the tow was off Norwalk. Up to that time, certainly, there had been no difficulty, and no indications of any present danger.
The Ives was one of the largest and most powerful boats of her class. She was thoroughly equipped for the service, and had a tender to render aid as necessary. The 'boxes' loaded with coal were built for the service; and, loaded, they had about four feet free board. Two tows that left City island at the same time with the Ives, but had less speed and fell behind her, stopped for the night at Captain's island, a few miles to the westward of Norwalk. The witnesses from those tows, however, deny that there was anything threatening in the weather at that time, or that they would have deemed it imprudent to continue on. It was Christmas evening, and they thought they would stop. The weather reports show that cautionary signals had been displayed during the day; that until afternoon the wind had been from N.W. to N.; that at 7 P.M. at New Haven the wind was N.E., 14 miles an hour,-- at Captain's island, at about 5 P.M., it was N.N.W.; and that during the afternoon the sky became more or less covered with cirrous clouds, indicating more stormy weather, which were increasing towards evening. The captain of the Ives, however, testified that at 8 o'clock, when off Norwalk, the wind was to the northward, and light; that the moon and stars were shining, the water smooth, and that there were no indications to prevent his keeping on for Bridgeport, which, at his average speed of two and one-half miles an hour, he expected to reach a little after 12 o'clock. The captain of one of the tugs that put in at Captain's island testified that he observed the wind by compass at 11 P.M., when it was snowing, and that it was N. by W. The lighthouse keeper there testified that up to sundown the wind was N.N.W., and after that changed 'a point or two.' On cross-examination he says that at bed-time the wind was N.N.E.
Many other witnesses were examined on both sides as regards the direction of the wind; and the records kept at the Norwalk Light station were also produced. These records show...
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The Defender
... ... 610, affirmed 177 F. 1004, 100 C.C.A. 427; ... Woodberry v. Josephine, 58 F. 813, 7 C.C.A. 495; The ... Startle (C.C.) 115 F. 555; The Frederick E. Ives (D.C.) 25 F ... 447; The Royal (D.C.) 138 F. 416; The Coney Island (D.C.) 115 ... F. 751; Stricker v. The Maurice (D.C.) 128 F. 652; ... ...
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The Covington
...out badly-- The W. E. Gladwish, 29 Fed.Cas. 585; The James P. Donaldson (D.C.) 19 F. 264; The Allie & Evie (D.C.) 24 F. 745; The Frederick E. Ives (D.C.) 25 F. 447; The (C.C.) 28 F. 156; The Wilhelm (D.C.) 47 F. 89; Id. (C.C.) 52 F. 602; The Battler (D.C.) 62 F. 602; The Hercules, 73 F. 255......
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THE OTSEGO, 9273.
...of demarcation between error of judgment and negligence is indicated in The E. B. Conine, 233 F. 987, 147 C. C. A. 661. The Frederick E. Ives (D. C.) 25 F. 447, shows facts quite like this case. * * "However this may be, libelant cannot recover without affirmatively showing some act of negl......
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The Clarence L. Blakeslee
...line of demarcation between error of judgment and negligence is indicated in The E. B. Conine, 233 F. 987, 147 C.C.A. 661. The Frederick R. Ives (D.C.) 25 F. 447, facts quite like this case. When the Blakeslee left Bridgeport, the wind was light and the Sound smooth. The weather conditions ......