The Seacaucus

• Decision Date: 11 February 1888
• Parties: THE SEACAUCUS. [1] v. THE SEACAUCUS. THE EDWIN HAWLEY. VAN WIE HOBOKEN LAND & IMP. CO. v. THE EDWIN HAWLEY.
• Court: U.S. District Court — Southern District of New York

34 F. 68

THE SEACAUCUS. ^[1] THE EDWIN HAWLEY. VAN WIE v. THE SEACAUCUS.

HOBOKEN LAND & IMP. CO. v. THE EDWIN HAWLEY.

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

February 11, 1888

Carpenter & Mosher, for the Edwin Hawley.

Abbett & Fuller, for the Seacaucus.

BROWN J.

At about half past 6 P.M. on October 21, 1887, a collision occurred between the steam-tug Hawley, bound from Hoboken to North Moore street, New York, and the ferry-boat Seacaucus on her trip from Barclay street to Hoboken. The night was dark, but clear, and good for seeing lights; the tide strong ebb; the wind fresh from the northwest. The Hawley, at the moment of collision was headed nearly directly across the river towards the New York shore; the Seacaucus nearly up river. The port bow and guard of the latter ran over the Hawley's starboard side knocking off her pilot-house, and breaking a hole in her side, from which she shortly afterwards sank. The ferry-boat was somewhat damaged; she was crowded with passengers, but none were injured. The collision was about one-third across from New York shore. Each ascribed the collision to the fault of the other, and the above cross-libels were filed to recover their respective damages.

On the Hawley there was no lookout, other than the pilot, who was at the wheel; on the Seacaucus there were two,-- one at the bow who, upon his own testimony, I must find was paying little attention; the other was on the upper deck, near the pilot-house. Neither boat, nor the lights of either, were seen by the other until within a distance of only one or two lengths apart, the reason assigned on each side being that a large Erie ferry-boat had been previously going between the other two, so as to hide each from the other until a few seconds before the collision, when each came into view of the other. If, at that moment, the courses of the Hawley and the Seacaucus were nearly at right angles, as the witnesses of the former state, and which is not very clearly negatived by the witnesses of the Seacaucus, collision was, in my judgment, clearly unavoidable, since the Seacaucus was going at a speed of about 11 knots, through the water against the tide; the Hawley, at a speed of about 10 knots, crossing the tide. In that situation, I think, the best efforts of both combined would not have averted collision. There is no question that the regulation colored lights were properly burning on each. In addition to those the Hawley carried a white head-light forward, and a white staff-light about 33 feet above the water. The Seacaucus, besides her side lights, carried a special distinguishing green light about 40 feet above the water, visible, as her pilot says, about half a mile off. As the regulation lights of the two boats were not seen by the other, I must assume the truth of what both sides affirm, that the Erie boat, for a considerable time, hid each from the other until just before the collision. ...