The Mallay

• Decision Date: 24 March 1905
• Citation: 136 F. 992
• Parties: THE MALLAY.
• Court: U.S. District Court — District of New Jersey

136 F. 992

THE MALLAY.

United States District Court, D. New Jersey.

March 24, 1905

Foley & Wray, for libelant.

Peter S. Carter, for claimant.

LANNING District Judge.

On February 6, 1896, the schooner William Bleakley was lying in the slip along and parallel with the northeasterly side of the pier at the foot of Twenty-Fourth street, South Brooklyn where she had been some three weeks. Her bow lay toward the outer end of the pier, and about 60 feet back therefrom. Along and parallel with the outer end of the pier (being the northwesterly end) a scow, which I designate scow No. 1, was lying; her direction being at right angles to that of the schooner, and her end extending some feet (how many does not appear) beyond the northeasterly side of the pier. Between scow No. 1 and the schooner lay scow No. 2, but, as she was too long to get her full length in between scow No. 1 and the schooner, she lay with her bow tied close to the northeasterly side of the pier, a few feet in front of the schooner's bow, and with her stern outside of the end of scow No. 1. Her position, therefore, was diagonal to the northeasterly side of the pier. Scow No. 3 (being the Mallay complained of by the libelant) lay by the side of the scow No. 2. Her bow was about even with the bow of scow No. 2 but, being several feet longer, her stern extended out of the slip, and in front of the scow No. 1. Her position therefore, was also diagonal to the northeasterly line of the pier. Scow No. 4 lay alongside of the schooner, with the schooner between it and the pier. The bow of this last-mentioned scow was about even with the bow of the schooner. The bowsprit of the schooner was about 35 feet in length, and early in the morning of February 7th, a heavy wind having arisen, the underside of the bowsprit, about halfway between its end and the knightheads, was gouged and dug out to such an extent that it was necessary, as the libelant claims, to put into the schooner a new bowsprit. The question is, what vessel is responsible for the damage, and, if the Mallay is responsible for it, what amount shall be awarded to the libelant?

The claimant of the Malley insists that the damage was done by the lines of scow No. 4 which tied it to the pier; these lines, as it appears, passing both over and under the schooner's bowsprit. But the evidence utterly fails to support this theory. John Connors, William Ward, and John Carter all slept on the schooner during the night of February 6th. They rose early in the morning of February 7th, and found that during the night the storm had driven the Mallay toward the schooner, and that the Mallay was then bouncing up and down on the waves, striking the bowsprit of the schooner and gouging a hole in it. Each...