Gilchrist Transp. Co. v. Sicken

Citations

• 147 F. 470
• 1906 U.S. App. LEXIS 4260

Syllabus

<p>1. Towage — Negligence of Tug — Liability.</p> <p>A steamer which engages to tow a vessel to a port undertakes to exercise reasonable skill and care in everything relating to the work, including the entrance to the port, and the lack of either charges her with liability for the damage caused thereby.</p> <p>[Ed. Note. — For cases in point, see vol. 45, Cent. Dig. Towage, §§ 11-23.]</p> <p>2. Same.</p> <p>The entrance to the harbor at Duluth is through a canal 1,200 feet long and 300 feet wide, which extends in a general easterly and westerly direction and is bounded by heavy cement piers on each side.</p> <p>It was negligence for a laden steamer which was towing a sailing vessel light up Lake Superior to Duluth upon a line 900 feet long when the steamer approached the canal from a southerly direction into a northwesterly wind of 35 to 40 miles an hour which blew nearly athwart the line of the canal, to fail to wait for a tug or to take some other reasonably safe course, and to attempt to draw the barge, whose lights were visible, and which was drifting far to the leeward, into the canal, whereby the barge was brought into collision with the outer end of the south pier and damaged.</p> <p>8. Same — Contributory Negligence of Tow.</p> <p>The master of a barge in tow of a steamer which has drawn it up from a southerly direction in a heavy northwest wind and then squared away to enter the Duluth ship canal, who first learns when he is moving at the rate of 10 miles an hour and is within 200 feet of the south pier, that his vessel will be drawn against it, is not guilty of contributory negligence because he fails to throw off or cut his tow line before his barge strikes the pier.</p> <p>4. Same — Acts of Master In Extremis.</p> <p>The acts and failures to act of a master of a vessel after it has been put in extremis by the negligence of another, do not ordinarily constitute contributory negligence even when erroneous.</p> <p>[Ed. Note. — For cases in point, see vol. 4