Demaris v. The General G. Mott
Opinion of the Court
At about 2 o’clock on the morning of July 27,1889, the tug Laura B. with the barge Lena, lashed to her port side, and the barge May, lashed to her starboard side, both barges being heavily loaded, was going down the Delaware river, and when abreast of the Greenwich piers, on the western side of the river, the lights of a tug with a tow astern were seen nearly ahead, at the distance of about a mile, which lights proved to be upon the tug General G. Mott, having in tow the schooner Howard Smith astern by a hawser. The night was cloudy, with occasional rain, but lights were easily seen. The tide was high water slack, turning to ebb. The channel at this point is from 300 to 500 yards wide. The tugs discovered each other at the same time, each having the other on its port bow; the Laura B. running nearly south by west, and converging on the Mott’s course, which was northeast by north. The Mott was nearly opposite the Gloucester ferry, and on the starboard or eastern side of the channel. A little astern, and on the port quarter of the Laura B., the ferryboat Peerless was coming down the river; and a short distance ahead of, and on the starboard bow of, the Mott, the ferry boat Law was going up the river. On the eastern side of the channel, a little above the ferry, were the regulation anchorage grounds, where two steamers were lying at anchor, and beginning to swing around with the tide. The specific allegations of the libel are that the Laura B. was heading directly down the river, and that the Mott, with her tow, was heading up the river, a little to the eastward; that when the tugs were about a half a mile apart the red light alone of the Mott was visible from the Laura B., about two or three points off the port bow of the latter; that at this time the Mott blew one whistle to indicate that she intended to goto the eastward, and that the Laura B. replied, with a like signal, that she would direct her course to the westward, at the same time porting her wheel; that both vessels kept on, and that the Laura B. had changed her course about two points to the westward, when the Mott blew two whistles, indicating that she was going to the 'westward, and immediately changed her course in that direction; that the vessels wore then quite near to each other; that, as soon as the libelant saw this movement of the Mott, he blew three short blasts, and rang the bell for the engineer to go full speed astern; that by this time the person in charge of the Mott saw his error, ported his wheel; and endeavored to go to the eastward again; that this movement was unsuccessful, for, although the Mott herself escaped striking the Laura B. or her tow by steering suddenly to the starboard, the schooner Smith, coming on at full speed, struck the barge Lena on the starboard side, near the bow, tearing her loose from the Laura B., breaking in her side, and sinking her.
Reference
- Full Case Name
- The General G. Mott. The Laura B. The Lena. The Howard Smith. Demaris v. The General G. Mott
- Status
- Published