The William H. Payne
| Decision Date | 11 June 1884 |
| Citation | 20 F. 650 |
| Parties | THE WM. H. PAYNE. THE VANDERBILT. |
| Court | U.S. District Court — Southern District of New York |
Edwin G. Davis, for libelant.
Ludlow Ogden, for Orient Mut. Ins. Co.
Jas. K Hill, Wing & Shoudy, for the Wm. H. Payne.
Owen & Gray, for the Vanderbilt.
The libel in this case was filed by the owner of the canal-boat Willis, in tow of the steam-tug Wm. H. Payne, to recover damages sustained by a collision with the steam-boat Vanderbilt, in the East river, on the evening of September 20, 1880. The Willis, with her cargo of 235 tons of coal sank almost immediately after the collision, and the owners and insurers of the cargo have intervened for their interests.
The Vanderbilt, a powerful steamer about 300 feet long, was engaged in making up a tow of canal-boats in the East river abreast of piers 4 to 8. Her witnesses describe her as lying about midway in the river; but I am satisfied from the evidence that she was not more than a quarter of the distance across from the New York shore. At the time of the collision there were about four or five tiers of canal-boats, four in each tier, already attached, and others still remained to be added. The tide was about half flood, and strong, running from two to three miles an hour. The Vanderbilt had a hawser about 100 feet long between her stern and the head tier of the tow. She had been thus engaged from an hour to an hour and a half prior to the collision, and maintained her position, heading against the tide, without substantial change, by the frequent movement of her engines a few turns forward, followed by short stops.
The Payne left pier 4, North river, bound up the East river, with four canal-boats in tow, two lashed upon each side. The Willis was the outer boat on the starboard side. She proceeded around the Battery, within about 400 feet of the New York shore, and about the same distance from the barge-office beyond, when she perceived the Vanderbilt, which was, as I find, off about pier 4, and gave her a signal of two whistles, indicating that she would go between her and the New York shore. This signal was not answered by the Vanderbilt, being either not perceived, or misunderstood; for at the same time one of the Hamilton ferry-boats was approaching towards her slip on the New York shore, between the Vanderbilt and the Payne; and almost immediately after the Payne's signal the ferry-boat gave one whistle, indicating that she would go ahead of the Payne. The latter replied with one whistle, and immediately slowed her engines for three or four minutes, and allowed the ferry-boat to pass ahead into her slip. Immediately afterwards the Payne repeated her signal of two whistles to the Vanderbilt, whose two colored lights were then visible still a little on the Payne's port bow, and that signal was immediately answered by two from the latter. The Payne put her wheel hard a-starboard, to go between the Vanderbilt and the New York shore, but did not quite clear the Vanderbilt. The port quarter of the Willis, a few feet from her stern, struck a glancing blow against the Vanderbilt's bows, causing the former injuries, from which she sank a few minutes afterwards.
The libelant's witnesses contend that the Vanderbilt was moving forward at the time of the collision, and was in fault for not going to port, according to the mutual signals of two whistles. The weight of evidence, however, satisfies me that the Vanderbilt had not commenced her trip at the time of the collision. She had made no forward movements, except the occasional turns of her wheel necessary to maintain her position...
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