Ayer v. The Walleda
Ayer v. The Walleda
Opinion of the Court
At about 10 p. m. in the evening of September 25, 1894, the schooner Walleda, sailing west, and the Helena, going east on the port tack, came in collision in Long Island Sound not far from Bridgeport. The Helena’s stem struck the port side of the Walleda abaft the fore rigging, and both were damaged, for which the above libel and cross-libel were filed.
The evidence shows so clearly that the lookout on the Walleda was grossly negligent, that I should have no hesitation in accepting the Helena’s account of the collision, and holding the Walleda alone responsible, if the Helena’s story had been consistent and probable, and furnished a reasonably satisfactory account of the collision. But the positive testimony of the Helena’s witnesses that the light seen on the Walleda a mile distant was the green light, a point and a half or two points on the Helena’s starboard bow, and that that- green light continued in view all the time until the •Walleda luffed, a few lengths before collision, is wholly incompatible with the other testimony and circumstances, and leaves the collision unexplained. It could not possibly have occurred in that way. Upon the courses the vessels were on, had the green light of the Walleda been exposed even two-thirds of a mile distant, one and a half to two points on the Helena’s starboard bow (and it must, from her course, have been on that bearing) the Helena, instead of colliding, would have passed the Walleda from 400 to 500 feet, at least, to the northward. Ho supposable luff by the Walleda can explain such a discrepancy; nor in such a position of the Helena-is any luff by the Walleda conceivable. The necessary conclusion is, that no green light could have been seen at any considerable distance; but, if at all, only just as the Helena was passing the line of the Walleda’s course only a few lengths off, and just before the Walleda luffed; that the Walleda’s red light was visible for a considerable time before that, and was not noticed, because no proper lookout was kept up on the Helena. This, and the gross misrepresentation as to the lights, is sufficient to deprive her witnesses of
Reference
- Full Case Name
- THE WALLEDA. THE HELENA. AYER v. THE WALLEDA ELDERKIN v. THE HELENA
- Status
- Published