The McCaldin Brothers

Citations

• 117 F. 779
• 1902 U.S. Dist. LEXIS 103

Syllabus

<p>1. Collision—Moored Vessels—Fog. .</p> <p>The tug Stone, with three scows,- was passing out from North river to the dumping grounds, when she was compelled, by a dense fog, to seek refuge, and made the scows fast to the breakwater on the Brooklyn shore. While there, the tug McCaldin Brothers, also seeking a place of safety, and making her way along the breakwater, came into collision with and injured one of the scows. She was going at such speed that she was unable to stop after coming near enough to see the dock. She was blowing fog signals as she approached, but the Stone, which lay alongside, but a little back of, the scow, made no response, and took no steps to make known her presence or that of her tow. The place was one where it was customary for vessels to find refuge in such weather. Held, that both tugs were in- fault,—the Stone for failing to ring her bell or otherwise answer the fog signals of the McCaldin Brothers, which she must have known was approaching; and the latter for excessive speed under the circumstances.</p>