The Lepanto

• Decision Date: 23 August 1884
• Citation: 21 F. 651
• Parties: THE LEPANTO. v. THE LEPANTO and another. NEDERLANDSCH AMERICAANSCHE STOOMVART MAATSCHAPPY
• Court: U.S. District Court — Southern District of New York

21 F. 651

THE LEPANTO.

NEDERLANDSCH AMERICAANSCHE STOOMVART MAATSCHAPPY v. THE LEPANTO and another.

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

August 23, 1884

The libel in this case was filed by the owners of the Dutch steam-ship Edam, against the British steam-ship Lepanto, in rem, and against her master, in personam, to recover $450,000, the alleged value of the Edam and her cargo, which were sunk by a collision with the Lepanto during a dense fog off George's bank, at about 10 P.M. on the night of September 21, 1882.

The Edam was an iron steam-ship, and one of the libelants' line of packets engaged in the transportation of freight and passengers between New York and Holland. She was of 2,276 tons register, 320 feet long, 39 feet beam, and 32 feet deep. She left New York, bound for Rotterdam, in the forenoon of September 20th, with a full cargo of merchandise, 54 men officers and crew, and 21 passengers. The Lepanto was an iron steamer carrying freight only. She was of 1,800 tons register, 305 feet long, 36 feet wide, and 26 feet deep, She sailed from Hull, bound for New York, on September 5th, with a medium cargo, and 34 men, officers, and crew. At the time of the collision she was drawing about 20 feet of water, and had about 9 feet free-board.

On the evening of the 21st the wind was light from the S.W., and the sea smooth, with a moderate roll. Each steamer had taken meridian observations at the previous noon, and corrected the ship's clock for local time accordingly. Their difference in longitude was then about 14 minutes of time, which nearly agrees with the difference of their clocks as to the time of the collision. Until the first whistle of the Lepanto was heard, a few minutes preceding the collision, the Edam had been sailing E. 1/2 S. by compass; the Lepanto, due W. by compass. The log of the Edam, which was put in evidence after the principal argument of the cause, was made up on the 24th on the arrival of the Lepanto in New York, and gives the following narrative 'From 8 o'clock, light breeze from the west, mostly still, with intermitting fog showers; clear over head; sea calm. Steered E. 1/2 S., (by compass.) At 9 P.M., thick with fog; steamed with moderate speed, and blew the steam-whistle as is required. At 9:50 answered another steam-whistle bearing about 3 to 4 points on starboard bow; put the helm immediately hard a-starboard, and blew two short blasts on the steam-whistle. Shortly thereafter we heard again a steam-whistle, almost abeam on starboard side. The outlook reported then a green light on starboard side. Believing that all was clear, we steadied the helm and were then heading N.E. by E. per compass. But immediately thereafter we saw a steam-ship bear right down on us. Put the helm immediately again hard a-starboard, and blew again two blasts on the steam-whistle. The vessel was, however, so near by that collision was unavoidable. We could no nothing better than to let the ship run on in the hope that she should pass astern of us. But she ran into us abreast of the engine-room. Ordered immediately the engine to stop; but this order remained unanswered, because nobody could get any more to the starting gear, by reason of the damage and the inpouring water. The vessel went into us through the starboard side deck-house up to the ventilator, got thereafter clear again and ran a second time into us, abreast of the main rigging, went through the starboard side, demolished bulwark davit, and took part of the main rigging away. Hit us thereafter another time, abreast of the vestibule, whereby one of the boats with davits and bulwarks was demolished; ran thereafter astern of us. Our ship was heading then N.E., (by compass,) and made yet some headway. Right thereupon the engine stopped, and the ship began to sink fast. Noticed that the engine-room ran full of water. Had meanwhile closed the tunnel door. We put out, as soon as possible, boats Nos. 1, 2, and 4, awaked the passengers, and let them go with the crew, as soon as possible, into the boats. By this time there was already water in the saloon. * * * One of the boats of the steam-ship, which later proved to be the Lepanto, of the Hull line, came along-side, wherein five persons were placed yet. Went together to the Lepanto, where we, passengers and crew, mustered as best as we could, with the doleful result that the third engineer, Nicolas Laijendecker, and assistant engineer, Jan Van Geijt, were lost. * * * . ' Signed by J. H. TAAT (captain) and J. A. LAACKROY, (first officer.)

The testimony showed that the first officer was on the bridge in actual charge of the navigation of the Edam. The third officer was also on the bridge, and the captain a part of the time on the bridge and a part of the time on the deck, with another lookout properly stationed, and other seamen also on deck. Their testimony in general sustains the narrative of the log, though with some important differences. The interval between the fist whistle and the collision is estimated by the officers at 2 1/2 to 3 minutes; the lookout estimates it at 6; but no time was taken by the clock. Only two whistles from the Lepanto were heard, estimated to be about two minutes apart. The first officer estimated the time during which the helm was steadied to be about half a minute; and the time from the second order to starboard to the collision about the same. In the libel and in the testimony it is stated, though not stated in the log, that when the first whistle was heard the engines were ordered to 'slow.' No other order to the engineer was given. The lookout testified that the green light was seen and reported by him after the second whistle was heard, in accordance with = the statement of the log. The officers testify that it was reported, and seen by them, as a momentary flash, some five or six seconds after the first whistle was heard, and just after the first order to starboard was given. The green light was not referred to in the original libel, or first amended libel, but is mentioned only in the second amended libel.

The log of the Lepanto is as follows:

'Sept. 21, 1882, 8 P.M., steering west by pole compass. Calm, fine, clear weather; smooth water. 9 P.M., light S.W. airs; the weather became foggy; warned chief engineer that if fog continued should go slow, and to ease steam down at once; also began to blow steam-whistle at intervals of two minutes. 9:30, fog lifted a little. 10 P.M., thick fog; half speed the engines. 10:10 P.M., heard a whistle close to our port bows; stopped engines, helm hard a-port, and full speed astern. 10:12 P.M., heard a whistle and saw a mast-head light very close, bearing W.S.W., and at same time made it to be a vessel crossing our bows from south to north. 10:15 P.M., after getting clear of the steamer stopped engines, sounded the compartments, sounding being F. 4, m. 5, aft 3, making no water. Immediately sent away a boat in charge of second officer to her assistance, that at 10:30; got out three other boats, sending away two more, with all our crew and officers, to render assistance, (making three boats in all.) 10:35 P.M., saw the steamer again on our port side, abeam, close to; slow ahead engines, and headed our ship to N.E. and stopped. 11:30 P.M., the boats of the Edam (three in all) arrived along-side with the passengers and crew, who were at once embarked. 11:40 P.M., one of our own boats returned, bringing the chief officer of the Edam, a quartermaster, the steward, and two passengers. 11:45, all our boats returned. * * * On examination of the forward compartment next the stem, discovered a large aperture, the stem twisted over the starboard and broken, also bow-plates stove in. * * * .'

This account is confirmed by some five or six of the Lepanto's witnesses. The master, Capt. Rogers, was on the bridge, in charge of the navigation, and the second officer, as lookout, was on the top of the pilot-house, with another lookout forward. The chief engineer, with an assistant, was on duty in the engine-room. The master handled the lanyard of the whistle, and took the times stated from a clock near by. The time of the collision, 10:15, however, was taken, as he testified, not at the moment of collision, but 'from a half a minute to a minute after the vessels had cleared. ' Only two whistles from the Edam were heard, both long blasts. All the Lepanto's witnesses testified that the Edam's first whistle bore about two points off their port bow; several of them say that the second whistle was about two minutes subsequent, and that the collision was about two minutes after the second whistle. The master and others testify that the Edam's mast-head light was not seen at the same instant that the second whistle was heard, as would be inferred from the log, but from a half minute to a minute later. The engineer and his assistant testified that the orders to stop, and to reverse, came together at 10:10, and were immediately obeyed; that it took about one minute to get the engine started on the reverse; that the reverse movement works slow at first, gradually increasing for about a minute and a half, when the engine gets full speed astern; and that he estimated two minutes' full speed astern to be sufficient to stop all forward motion of the ship when going, as she had been, at the rate of 4 1/2 knots. He further testified that at 9 P.M., under the captain's orders, the steam pressure was reduced from 75 pounds to 60, bringing down her previous full speed of 9 knots to 8 knots per hour; that at 10 P.M. she was put at half speed, making from 4 to 4 1/2 knots per hour.

The Edam's full speed was from 10 1/2 to 11 knots. At 9:30 her steam pressure was ordered to be eased, her revolutions were brought down from 58 to 37 per minute, and her speed reduced to...