The R.J. Moran

• Decision Date: 28 April 1924
• Docket Number: 303-304.
• Citation: 299 F. 500
• Parties: THE R. J. MORAN. CORNELL STEAMBOAT CO. v. P. SANFORD ROSS, Inc., et al. Petition of CAHILL TOWING LINE, Inc.
• Court: U.S. Court of Appeals — Second Circuit

299 F. 500

THE R. J. MORAN. CORNELL STEAMBOAT CO. v. P. SANFORD ROSS, Inc., et al. Petition of CAHILL TOWING LINE, Inc.

Nos. 303-304.

United States Court of Appeals, Second Circuit.

April 28, 1924

Kirlin Woolsey, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellant.

Everett Clarke & Benedict, of New York City (A. Leo Everett, of New York City, of counsel), for P. Sanford Ross, Inc.

Foley &amp Martin, of New York City (Geo. V. A. McCloskey, and William J. Martin, both of New York City, of counsel), for Cahill Towing Line, Inc.

Burlingham Veeder, Masten & Fearey, of New York City (Chauncey I. Clark, of New York City, of counsel), for Fred B. Dalzell & Co., Inc., and Steamtug G. H. Dalzell.

Bigham, Englar & Jones, of New York City (L. J. Matteson, of New York City, of counsel), for W. S. Holbrook and Holbrook Towing Line, Inc.

William Hayward, U.S. Atty., of New York City (R. B. Romaine, Sp. Asst. U.S. atty., of New York City, of counsel), for S. S. Isanti and the United States.

Before HOUGH, MANTON, and MAYER, Circuit Judges.

MANTON Circuit Judge.

One decree, as entered in the court below, granted a limitation of liability to the Cahill Towing Line, Inc., as owner of the steam tug R. J. Moran on its petition, and fixed its value at $5,500. The appellant, as owner of the steam tug J. C. Hartt, and P. Sanford Ross, Inc., as owner of the scow 9-S, have each been allowed a recovery of one-half of this sum. In the other decree, the libel against P. Sanford Ross, Inc., and the petitioned-in appellees was dismissed.

On May 2, 1919, the Moran left Shadyside, N.J., with two loaded mud scows in tow on a hawser tandem, and proceeded down the North River bound for Pier 40, Brooklyn. The hawser between the tug and the first scow was 90 feet long, and there were 3 feet between it and the second scow, the 9-S. It is estimated that the tow was about 400 feet long. The steamship Isanti, without steam, was proceeding from Pier 66, E.R., to the Bay Ridge anchorage, in tow of the tugs Holbrook and Sherman, assisted by the tugs W. S. Holbrook and G. S. Dalzell. The master of the Holbrook was on the steamer's bridge in charge. There was a hawser between the W. S. Holbrook from the steamer's port bow, one from the Sherman to the starboard bow, one from the Holbrook made fast to the port quarter, one from the Dalzell to the starboard quarter. The weather was clear, the wind southwest and the tide the last of the ebb. The towing of the Isanti, which was owned by the United States government, was performed by the Holbrook Towing Line; it agreeing to furnish tugs to shift the steamer to her anchorage. The Holbrook Towing Line employed the Dalzell, which was engaged through the Fred B. Dalzell & Co., Inc., its agents. The other three tugs were operated by the Holbrook Towing Line. On the bridge with the master of the Holbrook was the steamer's master, her third officer, and quarter master. As the Isanti and her tugs were proceeding down Buttermilk Channel at 4:30 p.m., the Moran was observed with her tow, proceeding down on the westerly side of Governor's Island. When below the southerly end of the island, the Moran swung to port under a starboard helm heading in an easterly direction toward the upper end of Pier 38, Brooklyn. Thus the Moran was on a course to pass the Isanti starboard to starboard. The Moran continued. The strong ebb tide in the North River swung her tow around to the east. The captain in charge ordered the tugs ahead to haul to port, the Dalzell full speed ahead with her helm to starboard and the Holbrook full speed astern in order to swing the Isanti clear, but the collision was not avoided, and the second scow, the 9-S, in tow of the Moran sagged across the Isanti's stem, causing it to sink in a few minutes. The Dalzell cast off her lines to the steamer and proceeded to the rescue of the captain of the sinking scow. The Isanti continued on until clear of the wreck and then anchored for a short time. The Moran continued to her destination-- Pier 40, Brooklyn-- with her remaining scow in tow, and telephoned to the owners of the tug and advised them of the sinking. About 15 minutes after the sinking, the tug J. C. Hartt, owned by the appellant, approached the place where the scow sank, and, although the Dalzell blew several warning whistles, the Hartt continued and fetched up hard and fast on the wreck. She was later floated and towed away. At the time the Hartt struck the sunken scow, there was no buoy placed upon the wreck. An alarm whistle was blown by the Moran as well as the Dalzell.

We are satisfied from the proofs that the Moran's tow was in the ebb water of the North River, which caused the tow to swing down across the Isanti's bow, and that the Moran was not powerful enough to keep her tow under control and straight behind her. While it was not improper for the Moran to round the lower end of Governor's Island or to attempt to pass the Isanti starboard to starboard, still, in doing so, she should...