North German Lloyd v. Trouton
Opinion of the Court
The district judge found that the bark, which had been sailing about northwest, changed her course to starboard after hearing the steamer’s whistle, and that, had she not so changed, the steamer would unquestionably have passed her by a good margin without collision. This finding is supported by the evidence, and fixes the primary responsibility for the collision upon the bark. The change of course by the bark was made before the steamer sighted her, and did not mislead the latter’s officers. The libelants, owners of cargo, and therefore not themselves in any fault, further contended that the steamship was not, at the time of collision, navigating at the moderate speed required hv article 13 of the international rules of 1885. 'The district judge so found, and further held that the steamer failed to show that this statutory fault could not have contributed to the collision. The rule cited requires that “every ship * * * shall in a fog, mist, or falling snow, go at a moderate speed.” That the Saale, whose full speed was about 10 knots, was going at 15 knots, is conceded. The atmospheric condition is in dispute on the testimony. All the witnesses from the bark testify that she had been running in a thick fog for about two hours prior to the time of collision. They were of course unable to testily to the atmospheric conditions surrounding the steamer until the moment before the catastrophe. The log of the Saab; reports: “Until 6 p. m., light hazy mist; later, passing fog showers. Gave fog signals according to rules. Compartments closed. Placed double lookout. At 6:40 p. m., set engine telegraph on ‘Standby.’ Somewhat invisible. * * * We, on the bridge, were under the impression of still being able to see a mile oil.” The officers of the Saale. when called to the stand, corroborated this statement as to the impression prevailing on the bridge, but both lookouts, stationed on the how, testified that for about four or five minutes before they saw the bark the steamer was in a fog so dense; that they could not see more than two or three lengths ahead. No change, however, was made in the speed of the Saale until sin;, sighted the Tordenskjold, about a minute before collision, at a distance which the officers on the bridge estimated at from 1,200 to 1,400 feet, and
We are further of the opinion that, had the steamer been going at the moderate speed which the thirteenth article requires, she could have cleared the bark. The district judge reached the same conclusion. Elaborate calculations are presented by the appellant to prove the negative of this proposition on the assumption that the steamer, before sighting, was running at the rate of 10 knots. It is not necessary to review these calculations, since, if 10 knots were a speed so great that the steamer could not avoid a vessel lying in her track within the space at which she sighted her,—which the evidence shows to be from twice to three times her own length,— then it was not moderate, under the authorities above cited. She should have reduced to nine, or even eight, knots, and certainly the evidence does not warrant the finding that at that speed she could not have cleared the bark. The decree of the district court is affirmed, with interest and costs.
Reference
- Full Case Name
- THE SAALE. NORTH GERMAN LLOYD v. TROUTON
- Status
- Published