Scully v. The Taurus
Scully v. The Taurus
Opinion of the Court
The above actions arose out of the grounding of the barges Blaekstone and Condor, at about 7 or 8
The following findings cover the chief points in controversy. I find:
1. That the Condor was sound and strong below the water line, though her top-sides and deck were poor; that she was rather deeply loaded, having a free board of but 2-} to 3 feet, while the other boats had from 4 to 6 feet; that these circumstances were known to the Taurus before starting from Biker’s island; and that with careful and prudent management, the Condor was not unfit for the voyage, and was seaworthy for the trip; that although her decks were poor, she did not take in.much water, even when in the trough of the sea, when washed by the waves before grounding; and that her condition, whatever it was, in no way contributed to her going ashore; and that her small free board and deep draught of 16-1,- feet both retarded her drift towards the shore.
3. That the wind, which, had been about northeast during the day, gradually hauled towards the southeast; and at the time of stranding, was probably about east, which swept the waves towards the westerly shore, where the barges grounded.
1. That: the available water for such draught boats was nearly a mile wide, from the point where the barges grounded; that the Kate Jones, instead of keeping towards the lei' of the easterly shore, or in midchannel, rounded very much nearer to the West Chop; and wlii'ii but a little way inside of the line of the East and West Chop she directed the barges to anchor in a, plací' not only too near to the west: shore, but where they were exposed to nearly the full force of flie wind and the sea,—a place improper for any such barges to anchor, and specially improper for a barge with so low a free board as the Condor's, when there was plenty of water, good anchorage, and easier riding in the lee towards the east shore.
5. That: the master of the Kate Jones was not well acquainted with the extent of the shoal water along the shore inside of the West: Chop, and that the shoals extended about twice as far out as he supposed.
6. That there were no such obstructions by other vessels at anchor as to be sufficient to justify the Kate Jones in directing the barges to anchor where she so directed them; and that the barges could have been taken without difficulty by the Kate Jones further to the southward and eastward, as the Blackstone. was taken not long after by the Taurus; and that the captain of the Blackstone was justified in objecting to anchor where directed, though he cast anchor when told that he must do so, and grounded as he swung to his anchor. This could have occupied but a very short time, and is conclusive proof that the Kate Jones hauled in too near tin; west shore.
7. That soon afterwards -the Condor came up from behind and passed across the bow of the Blackstone, under the impetus of her previous morion, and the slight pull on her given by the tug, before the latter's hawser, which had been given to the Condor, slipped off; that this hawser was hauled in quickly, and another with an eye was thrown to the Condor, which soon after broke, by which time the Condor was nearly ashore; that the tjme occupied in these maneuvers was short, and wholly insufficient to admit of drifting ashore from any previous proper position for anchoring; while the defendant's testimony, if true,—that the Condor passed r,()o feet outside of the Blackstone, which had anchored almost; immediately when notified and required to do so,—would prove that the Condor drifted in but slowly.
8. That: the Kate Jones, by her high bow, and light draught forward, was to some extent unmanageable in a gale, and was unadapted and unable to render the necessary assistance to the barges in the situation into which she had brought them.
9. That tlie Taurus was not imprudent or negligent in continuing
For these reasons, a decree is allowed against both tugs in the first libel; and for pro rata freight only in the second libel. The libel for salvage is dismissed.
Reference
- Full Case Name
- THE TAURUS. THE KATE JONES. SCULLY v. THE TAURUS and THE KATE JONES BOSTON STEAMBOAT CO. v. SCULLY (two cases)
- Status
- Published