Van Eyken v. Erie R. Co.

Citations

• 117 F. 712
• 1902 U.S. Dist. LEXIS 94

Syllabus

<p>1. Collision—Defective Steering Gear of Tug—Duty of Inspection.</p> <p>On a steam tug owned by a railroad company, and used for towing car floats in tbe waters around New York City, the rod extending from the pilot house to the valve that put in operation the steam steering gear was made in sections, the upper section being connected to the one below it by means of a sleeve, which was fastened to the upper end of the lower section by a set screw. As the tug was passing up East river on a strong flood tide, having a loaded float on each side, the steering gear failed to work by reason of the set screw having become loose, allowing the sleeve to slip down „and disconnect the rod, and through such fact, and the delay of the pilot in using the hand gear, one of the floats struck a pier, and broke her lines, and was then drifted by the tide against a vessel moored to an adjoining pier, causing serious injury. The connection was in a place where it could not be readily examined, and the testimony of claimant was that the screw was set two years before, and had not been inspected since, such inspection being considered unnecessary; but there were dents in the rod showing that the screw had been used several times upon occasions of either general or special examination. Held, that the tug was in fault for the collision, not only because of the negligent delay of the pilot in using the hand gear, but because of the failure to make proper inspection of the connection, whieh it was the duty of the owner to have made of a part so vital to safe navigation, especially in view of the service in which the tug was employed.</p> <p>8. Same—Right to Limitation of Liability—Privity or Knowledge of Owner.</p> <p>A vessel owner, which employs competent persons to perform the duties imposed upon it as such owner, and to determine what such duties are, may limit its liability in respect to damage caused by a collision wbich resulted from the failure of such persons to make or require pr