The Jacob Brandow
| Decision Date | 03 July 1889 |
| Parties | THE JACOB BRANDOW. v. THE JACOB BRANDOW. SCHIAFFINO |
| Court | U.S. Court of Appeals — Fourth Circuit |
J. P K. Bryan, for libelant.
J. N Nathans, for respondent.
The Cassabona came to this port with a cargo of sulphur for the Etiwan Phosphate Company. The company engaged the tug Brandow to tow the bark up Cooper river, to its works on Ship-Yard creek. This creek-- about 150 feet wide-- runs into Cooper river between mud-banks, which are covered with salt marsh to the water's edge. It has several bends in it. Just before the Etiwan landing is reached, there is a considerable bend. In order to pass it, vessels go nearly to the opposite bank coming into full view of the landing. There they change their course obliquely across the creek, and, approaching the bank at a point about 700 feet from the landing, proceed on a course parallel to the bank of the creek, straight to the landing. When the tug took hold of the bark her master instructed the interpreter who had been engaged to translate his orders that the bark must follow the course of the tug. He then, with a tow-line 180 feet long, proceeded up Cooper river with the bark, and turned into and up Ship-Yard creek. During the towing, the master of the bark, with his interpreter, stood on the forward part of the bark, in easy hearing distance. The tug-master gave such orders as he deemed necessary, which were at once interpreted to the master. The latter extended them to the men at the wheel,--the mate and a seaman. No orders were given but such as came from the tug. Nothing of importance happened until the last bend was reached. This bend was on their left. The tug, in advance, drawing some nine feet of water rounded the bend as has been described. Then she changed direction. The bark, following, approached the opposite bank and when she had approached sufficiently near she got orders from the tug to change direction, and was put on the course obliquely across the creek. When the tug got within between 15 and 20 feet of the bank it straightened out on the course parallel to the bank, going to the landing. The bark pursued her oblique course without change, and approached the marsh within 15 feet. The tug-master, observing this, called out: Attempting to obey this order, the bark found herself aground. The tug, not being able to pull her off, proceeded to the landing and procured two lighters, which she towed along-side the bark. She then left for Charleston, and never came back. The bark, fearing a careen, put out four lines, which parted. The next afternoon, at...
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The Defender
...(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; The Jacob Brandow (D.C.) 39 F. 831; The Oceanica, 170 F. at pages 894 and 895, 96 C.C.A. 69. CUSHMAN, District Judge. This suit is for decision, after issue joined a......
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Campos v. CURTIS BAY TOWING CO. OF PENNSYLVANIA, 59.
...pilot to use every available facility of the bark to assist in breaking the sheer. The Willowpool, 2 Cir., 65 F.2d 385; The Jacob Brandow, D.C.S.C., 39 F. 831. Yet the helmsman on the bark testified that Kelly gave no order after the sheer began to port the rudder of the bark which would ha......
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The Thomas Wilson
... ... The ... Stranger, 1 Brown, Adm. 281, Fed. Cas. No. 13,525; 1 ... Asp.M.L.C. 19; The Ciampa Emilia (D.C.) 46 F. 866; The Jacob ... Brandow (D.C.) 39 F. 831, 832. Of course, such a rule would ... not apply if those in charge of the tow saw the tug running ... into danger, ... ...
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The Robert H. Cook
... ... done. The Stranger, 1 Brown, Adm. 281, Fed. Cas. No. 13,525; ... 1 Asp.M.L.C. 19; The Ciampa Emilia (D.C.) 46 F. 866; The ... Jacob Brandow (D.C.) 39 F. 831, 832; The Thomas Wilson (D.C.) ... 124 F. 649; The Henry O. Barrett (D.C.) 156 F. 417; The W. G ... Mason (D.C.) 131 F ... ...