The Westfield

• Citation: 38 F. 366
• Parties: THE WESTFIELD. [1] v. THE WESTFIELD. ROFF et al.
• Decision Date: 17 April 1889
• Court: U.S. District Court — Southern District of New York

38 F. 366

THE WESTFIELD. ^[1]

ROFF et al. v. THE WESTFIELD.

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

April 17, 1889

Carter, Rollins & Ledyard, for libelants.

Macfarland Boardman & Platt, for claimants.

BROWN J.

On the night of October 18, 1887, at a little after midnight, while the steam ferry-boat Westfield, running between the Battery and Staten Island, was on her way from St. George's to Stapleton, to lie up for the night, and pursuing her usual course, she came in collision with the libelant's pilot-boat, the Lillie, some 200 or 300 yards off the Corinthian Yacht Club dock, at Tompkinsville, and a little to the southward of it, doing considerable damage to the pilot-boat, for which the above libel was filed.

The preponderance of proof shows that at the time the Westfield came along there was no light burning upon the Lillie. There was a fishing smack showing a light from 50 to 100 feet to the eastward of the Lillie; others nearer the shore; and still others some distance to the southward or south-west of her. The night was dark, and somewhat drizzly. There was a lookout on deck, at the front of the covered passage. The master, at the wheel-house, was watchful and attentive to his duty, engaged wholly in observing what was ahead of him. No light was seen by either, or by the quartermaster at the wheel; and the pilot-boat was only discovered a short distance before she was reached, being seen and reported by the lookout at the same time, or nearly at the same time that she was seen by the master and quartermaster. The bells were immediately rung to stop and back, but the collision took place after the engine was reversed, and before the completion of a single revolution. Where competent officers are in their places, attentive to their duties, and navigating their vessel according to what can be seen, their testimony that no light was seen, which ought to have been seen and must have been seen if properly burning, is entitled to superior credit, if their evidence is not outweighed by other circumstances. The Narragansett, 20 Blatchf. 87, 11 F 918; The Royal Arch, 22 F. 457; The Isaac Bell, 9 F. 842; The State of Alabama, 17 F. 847, 862; The Johanne Auguste, 21 F. 134, 140; The Drew, 35 F. 791; The Henry Warner, 29 F. 601. Though the place of anchorage was not an unusual one, it was not, as in the case of The Drew, supra, a place where steamers were unaccustomed to come. On the contrary, it...