Overview
Case summary
This admiralty case involves a collision in dense fog on June 26, 1894, near Pollock Rip lightship in Vineyard Sound. The steamship H.M. Whitney, bound from Boston to New York, struck the sea barge Shamokin, which was the second barge in a tow behind the tug International. The Shamokin sank, resulting in total loss of the barge and her cargo. The tug and Whitney exchanged proper fog signals and passed each other, but the Whitney then passed the first barge Hercules at a closer distance. After brief waiting, the Whitney ported to round the lightship and almost immediately saw the Shamokin crossing its bow, leading to an unavoidable collision. The district court found both vessels at fault: the Whitney for failing to notice its convergence with the tow and not waiting longer, and the tug International for dangerous navigation in dense fog with a long tow without providing signals from the tow to indicate its position. The court divided damages between the parties.
Abstract
A steamship collided with a sea barge in a tow during dense fog near a lightship, resulting in the barge's sinking and total loss of cargo. The district court found both the steamship and the towing tug at fault—the steamship for failing to notice convergence and not waiting longer, and the tug for dangerous navigation without position signals from the tow. Damages were divided equally between the parties.
Opinion of the court
opinionBROWN, District Judge
- Whitney at fault for not noticing convergence with tow and not waiting reasonable time
- Tug International at fault for dangerous navigation in fog without signals from tow
- Both parties contributed to collision, so damages divided
Jurisdiction
not challenged- Collision between vessels in navigable waters near Pollock Rip lightship
Procedural posture
- Fault of steamer Whitney
- Fault of tug International and barge Shamokin
- Division of damages
Legal categories
Case record
Issues & holdings
de novo
Whitney failed to notice convergence with tow and did not wait reasonable time
Issue preserved for review
de novo
Tug engaged in dangerous navigation without providing signals from tow
Issue preserved for review
de novo
Both parties contributed to collision through negligence
Issue preserved for review
Holdings of the court
Error analysis
- Whitney's failure to notice convergence with tow and not waiting longer — procedural · error foundError contributed directly to collision · not harmless
- Tug's dangerous navigation in fog without signals from tow — procedural · error foundError created dangerous situation leading to collision · not harmless
Statutory interpretation
2Standards of review
- Fault determination for collision — de novo District court makes findings based on evidence in admiralty case
Timeline
Fleet (tug International with barges Hercules and Shamokin) overtaken by fog, anchors overnight northward of Handkerchief lightship
Establishes fog conditions preceding collision
Fleet gets under way at 2 p.m. to go through Vineyard Sound
Resumption of travel in foggy conditions
Fog becomes dense halfway between Shovelfull lightship and Pollock Rip lightship; tug sounds regulation three-blast signals for tow
Fog signals given as required
Whitney hears tug's fog whistles, gives two-blast signal; tug answers with two blasts; both vessels starboard
Proper passing signals exchanged but vessels not yet visible
Whitney and International pass each other at ~200 feet distance
First visual contact between powered vessels
Whitney passes first barge Hercules at ~60 feet distance
Whitney converges closer to tow line
Whitney waits briefly, then starts engines and ports to round lightship; almost immediately sees Shamokin crossing bow at <100 feet
Collision becomes inevitable
Whitney strikes Shamokin at angle of 4.5-7 points, causing Shamokin to sink
Outcome: Total loss of Shamokin and cargo
The collision event
District Court issues opinion finding both Whitney and International/Shamokin at fault, dividing damages
Outcome: Both parties found at fault, damages divided
Final disposition of the case
Facts & evidence
Incident
Key facts
10 facts- Collision occurred in dense fog around 4 p.m.
- Steamship H.M. Whitney bound from Boston to New York struck sea barge Shamokin, causing it to sink
- Shamokin was second barge in tow behind tug International, with first barge Hercules between them
- Each barge attached by 70-80 fathom hawsers, making fleet over quarter mile long
- Fleet had anchored overnight due to fog, resumed travel at 2 p.m.
- Whitney and International exchanged proper fog signals (two blasts each) and starboarded
- Whitney passed International at ~200 feet, passed Hercules closer (~60 feet)
- Whitney waited briefly, then ported to round lightship and almost immediately saw Shamokin crossing bow
- Collision angle estimated 4.5-7 points on Shamokin's starboard side
- Shamokin had steam whistle but gave no signals
Disputed questions
- Exact heading of Shamokin at collision
- Whether Whitney observed convergence with tow
- Whether navigation in fog was justifiable
Procedural history
3 steps- Libel filed by Harris et al. (owners of Shamokin/cargo)
- Cross-libel by Metropolitan S. S. Co. (owner of Whitney)
- District court trial and decision
Evidence in the record
- Testimony of Whitney's master about heading and signals
- Testimony of Whitney's lookout about distance to Hercules
- Testimony about angle of collision
- Damage to vessels from collision
- Position relative to Pollock Rip lightship
- Master of Whitney
- Lookout on Whitney
- Helmsman of Shamokin
- Various witnesses on navigation practices
- Chart of Vineyard Sound and Pollock Rip area
- Course convergence deduced from passing distances
- Common practice of multiple-barge tows in region
- Danger of navigation in fog without tow signals
Objects of relevance
Authorities
Cited authorities (3)
Related cases (6)
Statutes
- Twenty-fourth rule of navigation
- Article 15 of 1890 rules
Standards & doctrines
- Ordinary practice of seamen standard
- Common prudence requirement
- Comparative fault doctrine in admiralty
Legal principles applied
- Vessels must take precautions required by ordinary practice of seamen
- Tug has duty to provide for safety of tow in fog
- Parties chargeable with knowledge of what they ought to have observed
- Signals from tow may be necessary in special circumstances