The Hugo

• Decision Date: 08 July 1893
• Citation: 57 F. 403
• Parties: THE HUGO. v. COMPANIA NAVIGACION LA FLECHA. [1] BRAUER et al.
• Court: U.S. District Court — Southern District of New York

57 F. 403

THE HUGO.

BRAUER et al. v. COMPANIA NAVIGACION LA FLECHA. ^[1]

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

July 8, 1893

McFarland & Parkin, for libelants.

Butler Stillman & Hubbard and Mr. Mynderse, for respondents.

BROWN District Judge.

The above libel was filed to recover damages for the loss of 129 cattle, out of a shipment of 165, upon a voyage of the steamer Hugo from New York to Liverpool in October and November, 1891. The steamer sailed from this port on the 24th of October. During three days from October 30th to November 1st inclusive, the vessel met heavy weather during which there was heavy rolling of the vessel. The cattle were in pens on deck; a few were forward under or near the turtle back, which were saved; the rest were in the vicinity of Nos 3 and 4 hatches forward and aft of the engine room in pens built in the wings on the port and starboard sides of the ship, all of which were lost.

The storm was heaviest on the afternoon and night of Saturday the 31st, the wind and seas coming first, and heaviest, from the northwest, but on Saturday hauling to the northward and to east northeast, with cross seas. Some slight damage was done to a few pens on the 30th; more were broken on Saturday the 31st; but these were repaired, and the cattle put in place toward nightfall. About 5 o'clock on that day the after gangways were opened on each side, and about 10 or 12 cattle that had become maimed and helpless were sent overboard through those gangways. The chief loss was during that night and the following morning when shortly after daylight, the captain gave orders to open the forward gangways also, and the whole deck was cleared of all the cattle, save the 39 under the turtle back. The following is a translation of the account given in the ship's log, the master and most of the crew being Spanish:

'(Sea time) October 30, 1891.

'On the fifth hour (5 P. M.) a heavy sea destroyed some of the cattle houses on the port side and opposite hatches No. 4 and No. 3. We immediately fixed up in the best manner that it was possible the houses and the oxen, the boards that were lying loose on the deck we threw overboard. Nightfall, the weather slightly clear towards the horizon with signs of heavy rain clouds, wind fresh from the northwest, seas very lively from the same direction and from the west, coming on board with less force than during the afternoon, and in this way we passed the night. At daylight wind very fresh from the north, with seas from the same direction and from the northwest. On the twentieth hour we stopped the engine in order to arrange the houses that had been broken during the night opposite No. 4, and replaced the oxen that were outside of their houses. At nine o'clock they were all back into their places, with the exception of one which remained on hatch No. 5, and which notwithstanding all our endeavors to get him to rise, it has been impossible, he remaining on the same hatch No. 5. Subsequently and while the engine was still stopped, we gave food and drink to all the oxen. On the 22d hour after all was arranged, we again started under full steam and continued to sail in the direction of our course and without further mishaps we arrived at the middle of the day, and there being no observation, we situated ourselves by dead reckoning in the latitude and longitude noted.

'31st. Commencing this day with very strong wind from the north northeast with very lively seas from the same direction and from the northwest, which came on board from all over, flooding the houses and bridges always full of water, and governing our course as noted in the table. In the second hour weather very hard from the north northeast, the heavens and the horizon closed, and with rain accompanied by very heavy seas with full crest, also from the northwest, which strike against the sides of the vessel, coming on board, and making the vessel labor terribly. At this hour, some of the houses opposite No. 4 were destroyed; several of the oxen being loose, we stopped the engine and remained crosswise to wind and seas, seeing that the weather was becoming worse at every moment, and that the barometer continued to fall rapidly, (at this time, 29:55,) we determined to open gangway No. 4 in order that the oxen that were loose could go over, which was done with much precaution to avoid personal mishaps. Once that it was opened, the oxen that were loose were carried over with the heavy rolling of the vessel; these were about 10, with the one mentioned on the previous day which was almost dead, which we threw overboard with ropes.

'Towards nightfall, weather quite a hurricane, the machinery stopped, and laying crosswise to the wind and waves, the vessel rolling and making all suffer very much. At twelve hours, we set the mainsail with the object of steadying the vessel. The greater portion of the oxen are down and many are carried from port to starboard with the boards from the houses loose on account of the heavy rolling of the vessel, and with a thick and heavy sea that comes on board on both sides. In this way and with the weather declared into a hurricane, we passed the balance of the night.

'At daylight, hurricane. All the deck is in a lamentable state; the cattle from port to starboard and from starboard to port, some with their legs broken, others dead, with so much suffering, others with their legs tangled in the rail, and some during the night, by the blows of the seas and the rolling of the ship, had gone on through the gangway to the water. On the nineteenth hour (7 A. M. Sunday) we decided to open gangway No. 3, which was done with much precaution, as it was impossible to go on deck on account of the rollings, and the seas that continually came in, and we immediately commenced the sad operation of throwing over all the cattle that were loose on the decks and in sorry plight, some with ropes, and others dragging them to the gangway, and from here, the seas that were boarding us would carry them over. We have noticed the absence of some of the hatch wedges, very likely knocked out by the cattle during the night, and have immediately replaced them with new ones. The hurricane continues with as great force and fury, the barometer 29.21. Notwithstanding our precautions to avoid personal mishaps, at 10:30 in the morning more or less, a sea carried out through gangway No. 3 one of the boys named Enchortiately; he was carried over. We noted his absence immediately, as he had not become separated from the side of the vessel, we threw him a life preserver, and with the aid of thin rope we were able to save him. On coming on deck, we noted that he was bleeding from ear, no doubt having received a blow on that part. We put him to bed.

'On the 23d hour, the wind carried away the mainsail, leaving nothing but the bolt ropes of the same. At noontime the stern was clear, there being no more cattle. There are only some remains of the houses, towards the bow and gangway of No. 3 is clear as also the hatchway. There remain on board only 39 oxen, and those up by the bow forward of No. 3 which are the ones that suffered less from the effects of the hurricane. At noontime there was no observation, the heavens being completely closed, and we situated ourselves in latitude and longitude noted in its proper place. In this day, as in the previous one, it had been impossible to sound the well on account of the storm. Operating the steam pumps every two hours, we noted that they sucked a great deal of water, no doubt by reason of the straining of the vessel.

'The losses that we have suffered are the following: 126 head of cattle; the mainsail; a number of rail posts, and the ladder.

'November 1st. We commenced this day with the engine stopped and the rigging taut, with hurricane, the vessel crosswise to the wind and seas. Towards afternoon the wind slackened somewhat in force, but the high and crested seas continued the same, striking the vessel as in the previous day, and with much rolling. On the 4th hour we put up the staysail to steady the rolling of the ship. Night came on with the wind very hard from the north, accompanied by terrible seas with heavy crests, which strike against the hull, making the vessel shiver.

'At eight o'clock the wind commenced to decrease and the seas gradually to go down. * * *'

The testimony of the master and of the first officer and the boatswain accords in the main with the statements of the log in regard to the handling of the cattle and the force of the storm.

There were six cattlemen provided by the shippers for the care of the cattle. Several were inefficient. The testimony of Joyce the foreman, and of Edwards, apparently an efficient man, is to the effect that the violence of the storm was very much exaggerated; that they had been many years making voyages in charge of cattle; that they had been through much heavier weather; and that the sacrifice of the cattle on the afternoon of Saturday and the morning of Sunday was without reason or necessity. In the great contradiction between these witnesses and the ship's witnesses as to the force and effect of the storm, I have come to the conclusion that there is little candor on either side. The fact that aside from some of the pens, and except the cattle which the men forced overboard, nothing of any account belonging to the ship herself was carried away, is conclusive to my mind that the ship was in no peril, and that there was no such actual hurricane, or any such extraordinary storm as the language of the log or the testimony of the officers would indicate. It is manifest that Joyce and Edwards, who were persons of much experience in transporting cattle, were greatly incensed at the sacrifice of the cattle and the brutal...