The John H. Starin

• Decision Date: 30 July 1903
• Citation: 124 F. 744
• Parties: THE JOHN H. STARIN.
• Court: U.S. District Court — Eastern District of New York

124 F. 744

THE JOHN H. STARIN.

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

July 30, 1903

John F. Foley, for libelant.

James J. Macklin, for claimant.

THOMAS District Judge.

The tug John Fleming, light, left Palmer's Coal Dock, on the Brooklyn side of the East river, for the purpose of going to Jackson street, which is somewhat below Grand street, on the New York side. It was about 5 o'clock a.m., February 14 1902. The weather was clear, the day was just breaking, and the lights on the vessel were displayed properly. When a little to the westward of the center of the river, and about opposite Grand street, New York, the starboard side of the Fleming came in collision with the port side of the inbound steamer Starin, which was plying between New Haven and New York. The contention of the Fleming is that the steamer was overtaking her, and that the persons in the pilot house of the tugboat were attracted by two whistles of the steamer given to a tow coming up the river close into the New York side; that immediately following such signals, the steamer which was angling to port, struck, with the bluff of her bow the tug, about 5 feet ahead of her stern bitts, which were about 25 feet forward of the stern, and raked along her side to a point near the forward bitts, which were some 30 feet aft of the tug's stem. The contention of the Fleming is that the steamer was going to port to escape a carfloat passing up the river on her starboard hand, and miscalculating the distance, or not seeing the tug, collided with her, and that the captain of the steamer immediately acknowledged that it was his fault, which the latter denies. It will be noticed that the captain of the Fleming, as well as those on the Starin, place the float well on to the New York shore. If so, there was no occasion for the Starin to go far to port, although her signals might indicate the propriety of so doing, if there was not sufficient room for passing the float. The tug's destination was on the New York shore, nearly opposite the vicinity of the collision, and she was probably heading at a suitable angle for the desired landing. The evidence of the steamer tends to show that she had ported, for the purpose of straightening her course after rounding Corlaer's Hook, and that at the time of the collision the wheel was somewhat to port. The parties in the pilot house of the Starin are not as definitely in accord respecting the position of...