Harris v. The Whitney

Decided District Court, S. D. New York
Disposition
affirmed
full scope · unanimous
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Court
District Court, S. D. New York
Decided
Judge
BROWN, District Judge
Posture
Libel and cross-libel for damages from collision
Libelants (1)
Harris et al.
James Armstrong, Wilbelmns Mynderse, P. M. Brown
v.
Respondentss (2)
The Whitney and the Steamship Co.
Benedict & Benedict
Other parties: The Shamokin — Barge (collision victim), Metropolitan S. S. Co. — Cross-libelant, International — Tug (owner of Shamokin)

Overview

The district court found both the steamer Whitney and the tug International (with barge Shamokin) at fault for the collision. Damages are to be divided, with a reference to compute damages if not agreed upon. A decree is to be entered accordingly.

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

Majority
opinion
BROWN, 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
Subject matter
Admiralty
Jurisdictional facts
  • Collision between vessels in navigable waters near Pollock Rip lightship

Procedural posture

Posture at trial
Libel and cross-libel for damages from collision
Posture on appeal
Direct appeal from district court decision
Preserved issues
  • Fault of steamer Whitney
  • Fault of tug International and barge Shamokin
  • Division of damages

Legal categories

Business

Case record

Full case name
THE WHITNEY. THE SHAMOKIN. HARRIS et al. v. THE WHITNEY. METROPOLITAN S. S. CO. v. HARRIS et al.
Court
District Court, S. D. New York
Trial court
District Court, S. D. New York
Trial court judge
BROWN, District Judge
Decided
Opinion author
BROWN, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
BROWN, District Judge

Issues & holdings

3
Issues raised
3
affirmed
3
Holdings
Standard of review

de novo

Disposition rationale

Whitney failed to notice convergence with tow and did not wait reasonable time

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Tug engaged in dangerous navigation without providing signals from tow

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Both parties contributed to collision through negligence

Preservation

Issue preserved for review

Holdings of the court

Fault of steamer Whitney
Whitney was at fault for the collision
Whitney's officers should have noticed by the nearer approach to the first barge that Whitney was crossing the line of the tug and tow; they also should have waited longer as more than one tow was common; they were chargeable with knowledge of what they ought to have observed
unanimousbinding precedent
Fault of tug International and barge Shamokin
Tug International and barge Shamokin were at fault for the collision
Tug engaged in dangerous navigation around Pollock Rip lightship with a long tow in dense fog without providing signals from the tow; it was duty of tug either to anchor in safe place before rounding or to provide for signals from tow to indicate position
unanimousbinding precedent
Division of damages
Damages are to be divided between the parties
Both parties were at fault and contributed to the collision through their negligence
unanimousbinding precedent

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

2
Statute
Twenty-fourth rule of navigation
Question
Whether rule requires precautions beyond specific signals
Court's reading
Rule does not exonerate ships from neglect of any precaution required by ordinary practice of seamen or special circumstances
Statute
Article 15 of 1890 rules
Question
Whether tow may give signals
Court's reading
Provision that specified signal 'may be given by the tow' indicates situations where tow should give notice of position

Standards of review

  • Fault determination for collision — de novo District court makes findings based on evidence in admiralty case

Timeline

9
Events
922
Days, incident to ruling
—
Span
factual event

Fleet (tug International with barges Hercules and Shamokin) overtaken by fog, anchors overnight northward of Handkerchief lightship

Establishes fog conditions preceding collision

International · Hercules · Shamokin Northward and westward of Handkerchief lightship
factual event

Fleet gets under way at 2 p.m. to go through Vineyard Sound

Resumption of travel in foggy conditions

International · Hercules · Shamokin Vineyard Sound
factual event

Fog becomes dense halfway between Shovelfull lightship and Pollock Rip lightship; tug sounds regulation three-blast signals for tow

Fog signals given as required

International Between Shovelfull and Pollock Rip lightships
factual event

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 · International Approaching Pollock Rip lightship
factual event

Whitney and International pass each other at ~200 feet distance

First visual contact between powered vessels

Whitney · International Near Pollock Rip lightship
factual event

Whitney passes first barge Hercules at ~60 feet distance

Whitney converges closer to tow line

Whitney · Hercules Near Pollock Rip lightship
factual event

Whitney waits briefly, then starts engines and ports to round lightship; almost immediately sees Shamokin crossing bow at <100 feet

Collision becomes inevitable

Whitney · Shamokin East by south from Pollock Rip lightship
factual event

Whitney strikes Shamokin at angle of 4.5-7 points, causing Shamokin to sink

Outcome: Total loss of Shamokin and cargo

The collision event

Whitney · Shamokin East by south from Pollock Rip lightship
rulingcited in opinion

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

BROWN, District Judge trial court

Facts & evidence

Incident

Date
Location
Near Pollock Rip lightship, Vineyard Sound

Key facts

10 facts
  1. Collision occurred in dense fog around 4 p.m.
  2. Steamship H.M. Whitney bound from Boston to New York struck sea barge Shamokin, causing it to sink
  3. Shamokin was second barge in tow behind tug International, with first barge Hercules between them
  4. Each barge attached by 70-80 fathom hawsers, making fleet over quarter mile long
  5. Fleet had anchored overnight due to fog, resumed travel at 2 p.m.
  6. Whitney and International exchanged proper fog signals (two blasts each) and starboarded
  7. Whitney passed International at ~200 feet, passed Hercules closer (~60 feet)
  8. Whitney waited briefly, then ported to round lightship and almost immediately saw Shamokin crossing bow
  9. Collision angle estimated 4.5-7 points on Shamokin's starboard side
  10. 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
  1. Libel filed by Harris et al. (owners of Shamokin/cargo)
  2. Cross-libel by Metropolitan S. S. Co. (owner of Whitney)
  3. District court trial and decision

Evidence in the record

Direct
  • Testimony of Whitney's master about heading and signals
  • Testimony of Whitney's lookout about distance to Hercules
  • Testimony about angle of collision
Physical
  • Damage to vessels from collision
  • Position relative to Pollock Rip lightship
Testimonial
  • Master of Whitney
  • Lookout on Whitney
  • Helmsman of Shamokin
  • Various witnesses on navigation practices
Documentary
  • Chart of Vineyard Sound and Pollock Rip area
Circumstantial
  • 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

Pollock Rip lightship (navigation marker)Shamokin steam whistle (available but unused)70-80 fathom hawsers connecting tug and bargesChart of Vineyard Sound

Authorities

Cited authorities (3)

The Bay State, 1 Abb. Adm. 239, Fed. Cas. No. 1,148
followedprecedent
Cited for principle that from time immemorial seamen give warning signs in presence of danger
The Raleigh, 41 Fed. 527, affirmed 44 Fed. 781
followedquotedprecedent
Cited for holding that tug must provide for fog signals from tow in dangerous situations
at 44 Fed. 781 Judge Wallace opinion on duty to signify position of tow
The City of New York, 49 Fed. 956
distinguishedprecedent
Distinguished but not overruling The Raleigh on duty to provide signals from tow

Related cases (6)

The Bay State, 1 Abb. Adm. 239, Fed. Cas. No. 1,148
precedent
Cited for principle that seamen give warning signs in danger
The Sylph, 4 Blatchf. 24, Fed. Cas. No. 13,711
precedent
Cited on duty to anchor in dangerous conditions
The Raleigh, 41 Fed. 527, affirmed 44 Fed. 781
precedent
Held tug must provide for fog signals from tow; recovery reduced half
The Girolamo, 3 Hagg. Adm. 174
precedent
Cited on navigation safety
The Lancashire, L. R. 4 Adm. & Fed. 198
precedent
Cited on navigation safety
The City of New York, 49 Fed. 956
precedent
Distinguished but not overruling The Raleigh

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
Index terms97
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Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
affirmed
Target
Fault findings against both parties
Appealed from
District Court
Context
Court affirms that both Whitney and International/Shamokin were at fault for the collision
Scope
full
Disposition vote
unanimous
Action type
affirmed
Target
Division of damages
Appealed from
District Court
Context
Court affirms that damages are to be divided between the parties due to comparative fault
Scope
full
Disposition vote
unanimous
Action type
remanded
Target
Damage computation
Appealed from
District Court
Context
Court orders reference to compute damages if parties cannot agree on amount
Scope
further proceedings
Further instructions
Reference to compute damages if not agreed upon
Disposition vote
unanimous
Search facets
Parties
Judges
Brown
Courts
Locations
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