The Georgia

• Decision Date: 30 October 1913
• Docket Number: 1293.
• Parties: THE GEORGIA. THE SEACONNET.
• Court: U.S. District Court — District of Rhode Island

208 F. 635

THE GEORGIA. THE SEACONNET.

No. 1293.

United States District Court, D. Rhode Island.

October 30, 1913

Stimson Stockton, Livermore & Palmer, of Boston, Mass., for libelant.

Haight Sandford & Smith, of New York City, for claimant.

BROWN District Judge.

These libels grow out of a collision in Narragansett Bay on the early morning of March 15, 1913, between the Seaconnet, a steel collier, 265 feet, 3,800 tons, trading between Norfolk Boston, and Providence, and the Georgia, a steel single-screw steamer, 280 feet, engaged in regular service between New York and Providence with passengers and cargo, on the so-called Bay State Line.

The Seaconnet was at anchor and the collision occurred in a thick fog, about 6:10 a.m., at a point whose exact location is disputed, but somewhere in the vicinity of buoy No. 7, known as the 'Middle Ground Buoy,' which lies nearly south of Conimicut Point Light and about a mile away.

The Georgia was on her way to Providence through the western passage on her regular voyage from New York. She had made Warwick Light, leaving it about two lengths to port, and then steered her usual compass course from Warwick Light to the Middle Ground Buoy, No. 7, N.E. 1/4 N., which, allowing for compass deviation, brings her to buoy No. 7, which she ordinarily passes sometimes above and sometimes below, but very near the buoy. On this morning the buoy was not observed before the collision.

It is quite clear that the Georgia had passed somewhat to the north of the buoy, and she was probably not far from her usual compass course. The wind was southerly, about 12 miles an hour, and the tide was nearly out, low water being about 6:27 a.m. As the Georgia was drawing 14 feet she could hardly have taken a course which would have brought her very much to the north of buoy No. 7. An inspection of the chart will show this.

The officers of the Georgia say that the collision followed shortly after they had passed from the shoaler water into deep water, and that they felt the ship clear herself and noticed the stopping of the vibration a moment before they sighted the Seaconnet. Capt. Flanagan of the Georgia says that he first saw her smokestack on his starboard bow about the same time that he felt the vibration stop and estimates that the Georgia was then but about two of her lengths away from the Seaconnet. She then lay across the Georgia's course, heading about N.W., nearly for Conimicut Light. The Georgia was still on her compass course and was about to haul up for Conimicut Light, but had not yet done so, when the Seaconnet was sighted.

Capt. Flanagan at once stopped the Georgia's engines and put her wheel hard astarboard. He says that when he saw the ship 'she looked as though she would strike and sheer along the side'; that finding she would not clear he put her engines astern. This is criticised as tending to throw her head to starboard. Capt. Flanagan says, however, that, had he put his wheel to port, the result would have been merely to hit the Seaconnet a little further aft.

The stem of the Georgia struck the Seaconnet on her port side, about amidships, breaking some of her plates and angle bars, and twisting the stem of the Georgia.

It is practically conceded for the Georgia that when the Seaconnet was sighted she was so close that it was impossible to avoid striking her.

The main fault of the Georgia was in maintaining a rate of speed which made it impossible for her to avoid the Seaconnet after sighting her, and under the conditions which existed when the Seaconnet was first sighted I am not satisfied that there was any error in Capt. Flanagan's orders or that porting his wheel would have in any degree changed the result.

The speed of the Georgia is fairly well established. She passed Warwick Light at 5:52 a.m. The engines were slowed at 6 to half speed, or 45 turns, were stopped at 6:08, and reversed at 6:09. The distance from Warwick Light is about 2 3/4 miles. For the Georgia it is contended that she had an average speed of 8.67 knots from Warwick to the buoy. Making all allowances for the drag of the flats over which she passed and for her slackening of speed in passing an oyster boat, the Georgia's speed could hardly have been less than 6 knots and was probably somewhat more when she sighted the Seaconnet.

According to the testimony from the Georgia, no fog bell was heard from the Seaconnet until after she had been sighted and at a moment before the collision, although the bell at Conimicut and the whistles of other steamers were heard.

While it is true that the anchorage of the Seaconnet was unusual, yet the Georgia was in a part of the river where vessels were to be expected and where in a fog great caution was required.

I think it must be held, according to the great weight of authority, that the speed of the Georgia was excessive. The Pennsylvania, 19 Wall. 125, 22 L.Ed. 148; The Martello, 153 U.S. 64, 14 Sup.Ct. 723, 38 L.Ed. 637; The Belgian King, 125 F. 869, 60 C.C.A. 451; The H. F. Dimock, 77 F. 226, 23 C.C.A 123; The Louisburg, 75 F. 424, 21 C.C.A. 424. See, also, cases cited in note to The Niagara, 28 C.C.A. 532; Marsden's Collisions at Sea (6th Ed.) 375 et seq.

The faults charged to the Seaconnet are that she anchored in an unnecessary and improper position, in the path of traffic bound to and from Providence, and on the line of the Georgia's regular course, and remained at this anchorage from 4 o'clock in the afternoon of March 14th until the morning of March 15th, although during this period the fog had lightened enough to make it possible for her to leave this position; also that she failed to give proper notice to approaching vessels of her presence.

The Seaconnet left her dock at Providence shortly after 3 o'clock p.m., March 14th, for her voyage to Hampton Roads. The weather, Capt. Smith of the Seaconnet says, was 'thick, hazy,' but channel marks could be distinguished. He says that from Pomham rock to Sabins 'my compass differed as near as I could judge fully three-fourths of a point. ' After leaving Bullock's Light, Conimicut Light could not be seen. Capt. Smith then ran by compass and by the sound of Conimicut bell. He passed Conimicut Light within 1 1/2 lengths and could just see it. The Seaconnet was then under half speed and making probably 5 or 6 knots. After leaving Conimicut she ran on slow bell, making 3 or 4 knots. Capt. Smith says that she ran about 7 minutes, in his opinion, one-third to one-half a mile, when he anchored the ship; that he tried to get as near as he could to the center so as to give ships going by room ahead of him on the west and astern on the east; that he was then headed S.E. by S. 1/2 S. His ship is 265 feet long and he anchored with 40 fathoms of cable. He testifies that after leaving Conimicut bell there was nothing to run for except the spar buoy, and not knowing the error of his compass with that course, and with a S.S.W. wind of perhaps 15 to 18 miles on the starboard, and not knowing the leeway his ship would make it was almost impossible to proceed. The ship was light and drew aft 14 1/2 to 15 feet and forward 7 1/2 to 8 feet. He says that he had known his compass to vary from true 2 1/2 points and perhaps more; that it had been adjusted about two months previous to the collision; and that he had noticed in the interval between this and March 14th that after discharging the compass would be out 1/2 to 1 1/2 points.

After anchoring, a little after 4 p.m., the master remained on deck until about half past 10. He saw the steamer Norfolk pass to the northeast, two lengths off, also one of the Merchants' & Miners' line. A number of mud scows passed, two to the west and one on the northeast, going down, perhaps a length off. Two steamers going down were heard. He turned in about half past 10, and at 3 o'clock looked out of the porthole to see about the weather and found conditions the same. He gave orders to the mate to say to the night watch to keep the bell ringing and call him if there was any change in the weather. The watchman was stationed on the bridge, with a line about 40 or 50 feet long from the bridge to the bell. The line was knotted to the tongue. Capt. Smith looked out again about 4 o'clock a.m., but the weather condition was the same. About 6 o'clock he heard a whistle and heard the bell of the Seaconnet ringing constantly. Somewhere about 6 o'clock he heard a whistle and started to get up, when the night watchman opened the door and said, 'Captain, collision.' He immediately jumped out of the office door on the port side and saw a steamer about 6 or 8 feet off, at right angles to the port side, and headed about amidships on the port side of the Seaconnet.

Capt. Smith locates the anchorage of the Seaconnet at a point about 3,000 feet below Conimicut Light and rather to the eastward of the course of a vessel rounding buoy No. 7. From the preponderance of testimony in the case, however, it appears that he anchored considerably farther to the south and substantially on the range of the Georgia's course. It would have been impossible for the Georgia, drawing 14 feet, to pass very far to the north of buoy No. 7, or over the line where the chart indicates about 11 feet, which would have been necessary in order to bring the Georgia to the place of anchorage designated by Capt. Smith.

The steamer H. C. Rowe & Co. passed the Seaconnet a few minutes before the collision. Having passed Conimicut Light she steered south, which on her compass would take her to the Middle Ground Buoy No. 7. Just before she came to the buoy she encountered a collier at anchor a trifle on her port bow. She held to the west and passed around the collier's bow swung back to the eastward again, and as she did so made buoy No. 7. Capt....