Hall v. The Lucy P. Miller
Hall v. The Lucy P. Miller
Opinion of the Court
Early in the evening of April 15, 1891, the steamer Lucy P. Miller, in going east through I loll Gate, against the ebb-tide, just after she had passed Hallett’s point, was caught by a sudden and dense fog, and ran aground close to Hog’s Back, heading nearly parallel therewith to the eastward. It subsequently appeared that she had run in between two rocks, which crushed in her bottom, and made holes forward on each side about six or eight feet from her keel, through which she made water rapidly. Her master sounded signals for help, and the libelant’s tug, H. W. Temple, which was lying at anchor at Astoria cove, in response to the signals, went to the Miller’s assistance, reaching her about 8 o’clock p. m. The tug was fitted up with the usual wreck-
The service was, I think, essentially different from a towage service, and is not to be compensated for upon that basis only. The place where the Miller grounded was one of the most dangerous in Hell Gate. Her precise position and the precise danger could not be known in the dense fog. The libelant' thought there was danger of her rolling over to starboard, as the tide went down; but, as it subsequently appeared that she was resting upon rocks on the starboard side also, that danger did not exist. But the approach to a vessel in that position through a dense fog, and in a powerful tide-way setting upon the rocks of Hog’s Back, was itself a matter attended with some danger to the Temple; and, though skillful and careful management might doubtless avoid injury, as the Temple avoided it, still this element of danger is by no means to be overlooked, under such circumstances; and the fact that no other tug responded to the signals while the fog lasted is significant. The Temple might, no doubt, have pulled the Miller off the rocks; but she alone could not handle her in a strong tide, and the log made it impracticable to do anything more than the Temple did until the fog cleared, and the other vessels came up, on the following day. In the mean time, however, it was important that the Miller should have a tug by her to keep the water down as much as possible, and to be ready to give her assistance in any emergency that might arise. This service the Temple rendered promptly, and, as I have said, not without some danger and difficulty in the dense fog; and she was constantly at the service of the master of the Fuller. Without referring to other details shown in the testimony, and considering that the value of the vessel and cargo was
Reference
- Full Case Name
- The Lucy P. Miller. Hall v. The Lucy P. Miller
- Status
- Published