The Luzerne

U.S. Court of Appeals for the Second Circuit
The Luzerne, 197 F. 162 (2d Cir. 1912)
116 C.C.A. 599; 1912 U.S. App. LEXIS 1282

The Luzerne

Opinion of the Court

LACOMBE, Circuit Judge

(after stating the facts as above). The liability of the Luzerne is conceded — naturally só, since she was backing without keeping a proper lookout astern. Evidence indicates there was a man aft, and that he reported the West Farms and tow, but he did not do this until the Luzerne was within a few feet of them. Timely warning would have saved the accident.

We think, moreover, that the West Farms was also in fault. She was moving slowly in, and had her lookout stationed where he could see the Luzerne. Fie did see her in time and called to the navigator of West Farms to go ahead. Fiad the latter heard this and hooked up, the collision would not have happened. But he did not hear the warning because he was partly dteaf.

Nothing is gained by having a lookout properly placed to give warning of approaching vessels, if his warning is unheeded because the master is too deaf to hear it. Certainly the West Farms, by her lookout, saw the Luzerne in time to avoid her by a very slight increase of speed, but failed to navigate in conformity with the knowledge of the situation thus obtained.

*164The decree "is reversed and cause remanded in conformity with the views expressed in this opinion. Since the Luzerne conceded her fault, in this court, she is entitled! to costs of the appeal against the West Farms.

Reference

Full Case Name
THE LUZERNE. THE WEST FARMS
Status
Published
Syllabus
Collision (§ 63*) — Tug and Tug with Tow — Negligent Lookout. A collision between a tug wbicb had backed out from a slip and continued until she backed against a tow on the side of another tug held due to the fault of both tugs, the first because she did not keep a proper lookout astern and the second because when her lookout gave warning of the approach of the other tug, which she could have readily avoided by increasing her slow speed, it was not acted on because her master was deaf, and did not hear it. [Ed. Note. — For other cases, see Collision, Cent. Dig. § 79;- Dee. Dig. § 63.*’ Collision with or between towing vessels and vessels in tow, see note to The John Englis, 100 C. C. A. 581.]__