The Ansgar
The Ansgar
Opinion of the Court
A collision occurred between the steamship Ansgar and the steam pilot boat Philadelphia, near the Delaware breakwater, upon August 21, 1901, soon after 2 o’clock' in the morning. Both vessels were damaged. The District Court sustained the libel which was filed on behalf of the Philadelphia, and thereupon awarded substantial damages and costs. The cross-libel on behalf of the Ansgar was dismissed. Both decrees were based upon the finding that “the Ansgar was solely at fault, her fault consisting in not stopping her way in time, so that the pilot might be put aboard with safety and convenience.”
The material facts may be briefly stated. Upon the interchange of signals communicating the proposal of the Philadelphia to furnish a pilot, and the desire of the Ansgar to receive one, the two vessels proceeded towards each other for the purpose of enabling the pilot to be transferred in a small boat. The Ansgar’s engines had been stopped when she was at léast a quarter of a mile from the Philadelphia., but she was still slowly moving when the Philadelphia, which had then attained a position upon the starboard side of the Ansgar, and at a sufficient distance from her, undertook to approach her in a circular course, not, as we believe, with the intention of crossing the Ansgar’s bow, but of placing herself alongside of and parallel to the Ansgar, and then lowering a small boat for conveyance of the pilot. This maneuver would have been a safe and proper one if it had been adhered to and pursued without deviation. But it was not. Instead of continuing to move in a half circle, the Phil
The decrees in these cases are reversed, and the record in each of them will be remanded to the District Court, with direction to enter a decree dismissing the libel of John P. Virdin, part owner of the steam pilot boat Philadelphia, with costs, and for further proceedings upon the cross-libel of Oscar Fllefsen, master of the Nor
And it is further adjudged that the costs on appeal shall be paid by the appellee.
Reference
- Full Case Name
- THE ANSGAR
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Collision—Steamship and Pilot Boat—Maneuvers foe Transfer of Pilot. While it is the rule that on the exchange of signals for a pilot between a steamship and a pilot boat it is the duty of both vessels to co-operate in maneuvers required for the transfer of the pilot without unnecessary risk, and of the steamer to stop her headway in due season and to the extent necessary to such safe transfer, a pilot boat is not justified in assuming in the night that the steamer has fully stopped at any particular point, and where acting on such assumption in turning she unnecessarily takes a course across the bows of the steamer and strikes her, she is in fault for the collision; and the steamer is not in fault because, having stopped her engines in due time, she was still under a slight headway at the time of collision.