Niagara Transit Co. v. Northwestern Fuel Co.
Opinion of the Court
The action was in admiralty for damages to appellant’s boat William A. Rogers through the collapsing
At the shear end of the span there was a raisable arm or apron nearly 80 feet long, which, when in position for unloading boats, was extended forward on the plane of the lower chords of the span making of it a continuation of the bridge, - held in position over the boat by heavy cables from the upper part of the span. This apron or extension was so attached to the lower part of the span that when desired it could be raised by the cables, and when at its full height it stood about ten degrees forward from a position rectangular to the floor of the span, and held in place by the cables. Along the underside of the span and of the extended apron there was a trolley arrangement whereby a small suspended trolley house could be moved underneath and along the entire span and apron of the structure. From it, suspended by heavy cables, was the bucket or “clam” for unloading the boats. This was in two parts, weighing empty 14 tons, and of 10 tons capacity.
The boat to be unloaded was made fast to the dock and the trolley and clam were then run out on the apron over an open hatch of the boat. The open clam was lowered into the hatch and being raised gathered and held its capacity of coal, and was run back on tire bridge and dumped at the place desired. As tire various hatches were emptied, others were reached by moving the bridge or the boat or both. To load, dump, and return the bucket required about' a minute.
A single operator in the trolley house controlled the movement of the bridge along the rails as well as the movements of the bucket, and the raising and lowering of the apron when this was required. Hand and foot levers operated the necessary electrical machinery. For the very essential function of holding the bridge at any desired place on the rails there were brakes and rail clamps. The brakes engaged the driving wheels, and were set automatically when the driving power was off the wheels, and after the brakes were set the automatic descent of a very heavy weight caused strong heavy clamps to engage the rails. Thus each time the operator threw off the power that moved the bridge along the rails, the holding mechanism became automatically effective.
In builditig the structure provision was made for some skew movement whereby the shear legs might move some distance, about 70 feet, either way from rectangular position, without endangering the bridge.
On the day in question, while the boat was being unloaded, a storm of great violence came on, forcing the shear end of the bridge to move along the rails so far as to collapse it, and the extension or apron, which with the clam, was over the boat, fell upon it, causing the damage for which the recovery is sought.
Appellee contends that the storm which caused the movement and the collapse of the bridge was one of unprecendented violence, and that for the damage occasioned by this “act of God,” unmixed with any negligence on its part, it cannot be held liable. Appellant maintains that the violence of the storm was not unprecedented at this place; also, that appellee did not exercise proper care to secure the structure to the rails, and that it was not properly secured, and that this fact, coupled with the negligent operation of the bridge and bucket in the face of the impending storm, was the proximate cause of the collapse.
The evidence was voluminous, orally given before the district court, . which found for appellee, acquitting it of any negligence in the construction and operation of the bridge, finding that the injury complained of was caused wholly by “an act of Go'd,” through this storm which it found to have been unprecedented in its violence.
The questions are purely of fact, and the evidence consists wholly of the transcript of that which was adduced in the district court. That appellee exercised all due care in the selection and erection of the bridge is very evident. The structure was new, having been in use only about six months. It was built on the then most approved plan by constructors presumably of the highest skill, and the evidence affords no ground for any charge of negligence in this regard.
As to the appliances for holding the bridge to the rails the evidence in our judgment warrants the conclusion of their sufficiency for all contingencies which might in reason have been anticipated. That the brakes were set and the clamps were in proper engagement is sufficiently shown by evidence of the physical condition of the parts after the occurrence. But in addition to these, with warning of an approaching windstorm the chock blocks were bolted to their intended places on the rails. But all these together were not sufficient to stop the movement of the shear end of the bridge.
The fact of the movement against the combined holding power of these appliances, far from sustaining the contention of negligence through alleged failure to afford sufficient anchorage, in our opinion
It is urged that, even conceding the storm to have been unprecedented in violence, there was negligence in operating the bridge practically up to the time it began to move, and in failing to have run the clam back under the bridge structure and raised the apron so it would not have been over the boat. It is true that the storm was a long time in breaking and reaching its full fury, and that the wind blew quite strongly for a considerable time before the accident. Appellee’s superintendent had given orders to clamp down tire bridge and hold it. The order did not say that it should not be operated. It was moved to a full hatch' and then clamped down, as stated; but the work of unloading continued until very shortly before the accident. The evidence warrants the conclusion that just prior to the accident there was a very sudden and violent increase in the velocity of the storm, caused probably by the meeting there of two distinct storm centers, and that it was the sudden cyclonic action of the storm that caused the bridge to move as it did. In' our judgment the operation of the bridge just before the accident was not such an unreasonable thing to be done as to amount to -negligence on the part of appellee.
If the apron or extension had been raised it is more than possible that the bridge in' falling would not have struck the boat, since it seems the main damage to the boat was done by the falling upon it of this apron which extended above it. The raising of the apron was not a trivial operation. The evidence varied as to the time required to raise it — from three to twelve minutes — and it could not-be said that this structure, if in standing position about 80 feet upward from the bottom of the span, would not, in case of collapse, have fallen forward and upon the vessel, with even more damaging effect from the height to which it might have been raised. When the bridge collapsed
In our judgment the evidence warranted the conclusion expressed by the District Court that the storm was “entirely unusual in its violence, and could not reasonably have been anticipated, and was the sole cause of the injury.” For the consequences of such “act of God,” unmixed with negligence, appellee was properly held to be not answerable.
The decree of the District Court is affirmed.
Reference
- Full Case Name
- NIAGARA TRANSIT CO. v. NORTHWESTERN FUEL CO.
- Cited By
- 1 case
- Status
- Published