The Governor
| Decision Date | 11 December 1896 |
| Citation | 77 F. 1000 |
| Parties | THE GOVERNOR. v. THE GOVERNOR. HASTORF |
| Court | U.S. District Court — Southern District of New York |
Goodrich Deady & Goodrich, for libelant.
Macklin Cushman & Adams, for claimant.
In the evening of December 30, 1895, the libelant's scow Aurora loaded with garbage, was taken in tow in the East river by the steamtug Governor, with other boats to be taken out to sea for the purpose of dumping. After getting round Governor's Island the weather and water was so rough in a southeast gale, that the Governor turned about and landed her tow along the bulkhead forming the outside of the Atlantic Basin. During the night the wind shifted to the westward, and the libelant's boat was damaged by pounding in that position before the boats were moved to the interior of the basin; and the above libel was filed for this damage.
The place where the tow was moored was sheltered from a southeasterly gale; but it was exposed to the effects of westerly or northwesterly winds; and in any wind to the west of south, the place was not a safe place for such a tow. There would have been no difficulty in taking the scows inside of the Atlantic Basin at the time they were moored outside; nor during several hours succeeding. The scow was without any fault; and it was at the risk of the tug that she moored the tow in a place exposed to westerly winds. After mooring them in that situation, it was specially the tug's duty to take note of any changes of wind that might prove injurious. Southwesterly gales are usually shorter than the northeasterly gales; and it is a very common thing for a southeasterly gale to shift through the southward to the westward. In the present case the testimony shows that this change was not sudden, but quite gradual, and that the wind after shifting to the southward so remained for an hour or two, before it got sufficiently to the westward to become dangerous. The tug took no measures to look after the tow during this interval, nor until the damage had begun, and then she was not herself able to handle the tow alone, and had to go up to Rutger street for a helper and before the two could get the tow into the basin, the damage complained of was done. It was, in brief, the duty of the tug either to moor the tow in a safe place for the entire night, as against changes of wind that might reasonably be anticipated, or else to keep watch of the changes in the wind, and to...
To continue reading
Request your trial
-
Wessel Duval & Co. v. Charleston Lighterage & Transfer Co., 929.
...S. 494, 24 L. Ed. 146; The Henry Buck (D. C.) 38 F. 611; The Brittania (D. C.) 196 F. 553; The Brittania (C. C. A.) 213 F. 22; The Governor (D. C.) 77 F. 1000; Connolly v. Ross (D. C.) 11 F. 342; The May Queen (C. C. A. 2) 298 F. This question requires a careful examination of the proofs. T......
-
THE BB NO. 21, 32-34.
...at the point called for. Cokeley v. The Snap, 24 F. 504 (D. C. N. J.); The American Eagle, 54 F. 1010 (D. C. N. D. Ohio); The Governor, 77 F. 1000 (D. C. S. D. N. Y.); The Thomas Purcell, Jr., 92 F. 406 (C. C. A. 2); The May McGuirl, 256 F. 20 (C. C. A. 2). To leave the boats in an unsafe b......
-
The Printer
... ... The ... tug's duty did not end with letting go the tow line at ... the anchorage grounds. Its obligation of reasonable care ... continued, at least until the schooner was safely anchored ... Connolly v. Ross (D.C.) 11 F. 342; The Snap (D.C.) ... 24 F. 510; Hastorf v. The Governor (D.C.) 77 F ... 1000; Hughes v. Railroad Co. (D.C.) 93 F. 310; The ... Thomas Purcell, Jr., 92 F. 406, 34 C.C.A. 419; The American ... Eagle (D.C.) 54 F. 1010; The Battler (D.C.) 55 F. 1006; ... Alaska Commercial Co. v. Williams, 128 F. 362, 63 ... C.C.A. 92; Brown et al. v. Cornell Steamboat ... ...
-
The Printer
... ... she commenced to drift, proves that she was left to her own ... resources with undue haste. In the condition of the weather ... then prevailing, the tug had no right to go away until after ... her tow had been securely anchored. Connolly v. Ross ... (D.C.) 11 F. 342; Hastorf v. Governor (D.C.) 77 ... F. 1000; Hughes v. Railroad Co. (D.C.) 93 F. 510; ... The Thomas Purcell, Jr., 92 F. 406, 34 C.C.A. 419; The ... American Eagle (D.C.) 54 F. 1010; The Snap (D.C.) 24 F. 510; ... The Battler (D.C.) 55 F. 1006 ... The ... libelants contend that the tug was in fault for ... ...