Scout
Opinion of the Court
The Scout was injured while entering the gateway of the Erie Basin, at high speed. The actual blow was occasioned by the movements of the Scout under a reversed engine, the captain of the Scout, immediately upon the imminence of -collision, assuming that it was his duty to reverse. While perhaps he -cannot be, blamed for forming that conclusion under the circumstances, nevertheless the fact that his actions seem to have made the collision inevitable is sufficient to relieve the Smith, there being no negligence on the Smith’s part prior to the time when the engines of the Scout were reversed. For that reason the libel against the Smith must "be dismissed.
The injuries to the Scout'by reason of the collision caused her to .settle by the head, but her watertight bulkheads did not give way and she remained afloat, moving rapidly astern under the reversed engine, -in such a direction as to pass entirely around the Smith and into the Basin. Her speed astern was such as to carry her entirely across the Erie. Basin and into collision with the steamer Luckenbach before she -could' be-reached by any one. In the meantime the crew had climbed
Under'the circumstances, the Moran and the Smith should be compensated for their services in the nature of salvage, not for services under great danger nor of extreme difficulty. The repairs of the Scout which must be borne by the owner are considerable, and, if the whole situation is taken into account, it would seem that 10 per cent, of the Scout’s value ought to compensate the different parties for what they did. I will allow Haigh $400, the Moran and her crew $700, and the Smith and her crew $700.
While the services of the Smith were longer in duration, there was nevertheless some obligation on her to do what she could, inasmuch as she had been in collision with the véssel; and the services of the Moran, while they were not called for by any relation between the Moran and the Scout, nevertheless accomplished no more than the services of the Smith.
As to the engineer, who apparently suggested to Haigh his action at the same time that the idea occurred to Haigh, I think the matter should be left to be adjusted between themselves.
Reference
- Full Case Name
- THE SCOUT. THE A. W. SMITH
- Status
- Published