The Jesse W. Knight v. The Wm. R. McCabe
The Jesse W. Knight v. The Wm. R. McCabe
Opinion of the Court
As the libelant passed down the Chesapeake bay, at night, June 25, 1889. on a voyage from Baltimore to Norfolk, she encountered the respondent coming up, from the latter place to the former, was ruii into and sunk. The respective courses of the vessels as they came into view is uncertain. The libelant states hers to have been south by east, and :the respondent says his was north-north-west. Each saw
I do not think, however, that she alone, was in fault. The respondent should, probably, have kept further otf. He should have calculated for some little variation in the schooner’s course — such as may arise from wind and tide, without change of wheel. There was nothing to prevent him from going further away, and I incline to believe he should have done so. He evidently, and naturally desired to keep very near the original course — as near as he could and escape collision. A majority of such disasters arise from this mistake. Yet it is not certain that he should be held responsible on this account, and I am not sure he should be so held, if nothing more appeared against him. He seems, however, to have been clearly wrong in' not stopping (and probably reversing) his engine immediately upon the schooner’s light disappearing. He had observed this light for more than a mile, steadily approaching on a direct course, and saw it disappear suddenly, as he says, when within 200 or 300 yards. According to the witnesses’ statement of the lapse of time the distance was 'considerably greater. Neither statement, however, can be relied on as accurate. It is quite as probable the distance was 300 to 400 yards, aá that it was less; I think more so. The disappearance of the light could only arise from an abrupt, and under the circumstances extraordinary, change in the schooner’s course. It seems incredible that a constant and vigilant lookout, properly stationed, should not have observed whether it disappeared eastward or westward. Granting, however, that he should not, and that the steamer was thus left to conjecture, respecting her course, there was no more reason to suppose that she turned westward than eastward. In either event — ¡whether it could or could not be seen — therefore it seems plain that the steamer should have stopped, or at least slowed down, until the fact was ascertained. Instead of doing so he continued his'course without diminution of speed, until the schooner was directly across his bows only a few yards distant. It is not a satisfactory answer to say that there was no time to deliberate and that nothing could then be accomplished. The natural and first impulse would have been to stop if the mate had not taken it for granted, as he says, that the schooner turned westward. This was entirely unjustifia.ble. As before stated, the same appearance would be presented if she turned eastward, and to rely on the supposition which he seems to have entertained, that she had not so turned because this course was dangerous, was unjustifiable and careless. It cannot be known with certainty whether the collision would have been avoided by a prompt endeavor to stop; but it, nevertheless was the respondent’s duty to make ■the effort. I think it probable that the accident would have been avoided if he had done so. When he saw her directly across his bows 40 feet away, he made the effort, as it was his duty to do even "then, but it was too late. •
It is useless to consider other questions raised. For the reasons stated, both vessels must be adjudged in fault, and a decree be entered accordingly.
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