The Scow No. 51 H

Citations

• 140 F. 70
• 1905 U.S. Dist. LEXIS 76

Syllabus

<p>1. Collision — Drifting Scow and Anchored Yacht — Insufficient Anchor.</p> <p>A dumping scow, which, with others, broke from a tow in New York Bay in the night, during a high wind, and drifted against and injured a yacht anchored near the eastern shore, held not in fault for the collision by reason of the absence of a chain or cable which prevented her anchor from being serviceable, on evidence which showed that the anchor, if it could have been used, would not have been sufficient to hold the scow or prevent the collision, on account of the high wind.</p> <p>2. Same — Tow Breaking from Flotilla in Storm — Liability of Tug for Collision.</p> <p>While a tug with two helpers was in New York Bay in the night, with a tow of 21 boats, most of them loaded with coal, on the way from South Amboy to Jersey City, a heayy 'wind caused certain of the boats to break away, and one of them drifted against and injured libelant’s yacht, which was anchored- near the eastern shore. The evidence showed that the tow left the Kills about 12 o’clock, and that the wind was then light ' from the south or southeast, with no indications to give warning of the storm which struck the flotilla suddenly from the northwest at about 2 o’clock, or later, when it was in the vicinity of Governor’s Island, the wind blowing from that time at a velocity of 48 miles an hour and upward until after the collision. Also that after it struck the tugs could not see the lights 6n the tows, and did not know that any had broken away until they reached Jersey City, and that, if they had known the fact, neither of them could have safely left the remaining boats to go to the relief of those adrift. Held, that on the facts the tug was not in fault for taking her tow out of the Kills, nor for failing to send relief to the drifting boats, and was not liable for the collision.</p>