Overview
Case summary
This admiralty case involves a collision between the small passenger vessel Alberta M. and a hawser stretched across a slip by the steamship Roma in the Atlantic Basin, Brooklyn, on November 7, 1904. The Alberta, regularly using the slip for 18 years, was returning at dusk when it struck the hawser, damaging its pilot house and injuring two passengers. The owners of Alberta and the injured passengers sued for damages. The court held Roma negligent for obstructing the slip without adequate warning (e.g., a light on the hawser), as shouts were too late and in a foreign language. The court found Alberta not at fault, as its speed was reasonable and a lookout would not have averted the accident. Decree was entered for the libellants.
Abstract
A small passenger vessel collided with a hawser stretched across a slip by another steamship at dusk, damaging the pilot house and injuring two passengers. The owners of the damaged vessel and the injured passengers sued for damages, alleging negligence in obstructing the slip without adequate warning such as a light. The court held the obstructing vessel negligent, found the passenger vessel without fault due to reasonable speed and unavoidable circumstances, and entered a decree for the claimants.
Opinion of the court
opinionADAMS, District Judge
- Roma negligent for not warning of hawser with light or timely notice
- Alberta not contributorily negligent for speed or lack of lookout
- Precedent supports liability for nighttime obstructions without warning
Jurisdiction
not challenged- Collision between vessels in navigable waters (Atlantic Basin, Brooklyn)
Procedural posture
- Negligence of Roma in obstructing slip
- Negligence of Alberta in failing to observe hawser
Subsequent history
Legal categories
Case record
Issues & holdings
Holdings of the court
Burden of proof
Timeline
Roma moored at pier 33 in Atlantic Basin, Brooklyn.
Established Roma's presence in slip before collision.
After 4:00 PM, Roma stretched hawser across slip from after bitts to pier 34.
Outcome: Hawser obstructed slip.
Created obstruction leading to collision.
4:50 PM: Alberta left Bayonne for Atlantic Basin with passengers.
Alberta en route to slip where collision occurred.
Around sunset (4:53 PM): Alberta entered slip, delayed by another vessel at basin gap.
Collision occurred in darkening conditions.
Alberta within 100 feet of hawser: shouts from Roma warned of hawser; master reversed engine but struck hawser, damaging pilot house and injuring passengers.
Outcome: Collision and injuries.
Direct cause of damages.
District Court issued decree for libellants, holding Roma negligent and Alberta not at fault.
Outcome: Decree for libellants with order of reference.
Final disposition of case.
Facts & evidence
Incident
Key facts
9 facts- The Alberta M., a small steam passenger vessel, regularly occupied bulkhead at inner end of slip for 18 years, making daily trips between Brooklyn and Bayonne, New Jersey.
- The Roma, a transatlantic passenger steamer, moored at pier 33 since November 4, 1904.
- On November 7, 1904, after 4:00 PM, Roma stretched a hawser (6-7 inches circumference) across slip from her after bitts to pier 34, about 25 feet above water at ship and a few feet above water at pier.
- Alberta left Bayonne at 4:50 PM, entered slip around sunset (4:53 PM), with twilight ending 6:20-6:35 PM; darkness increased by structures on piers.
- As Alberta approached, shouts from Roma warned of hawser when Alberta was within about 100 feet; master stopped and reversed engine but struck hawser, damaging pilot house and injuring two passengers.
- Shouts were in French, not immediately understood by Alberta's master.
- Alberta was moving slowly (3.5-4 knots) under one bell, with full speed 7 knots; hawser was light (less than 2.5 inches diameter) and broke on impact.
- Roma had been slightly moved to let coal boat pass, but not enough to warn of hawser.
- Alberta had crew of three, no lookout forward.
Disputed questions
- Whether shouts were timely and adequate warning
- Whether Alberta's speed was excessive
- Whether lack of lookout contributed to accident
Procedural history
1 steps- Action brought by owners of Alberta and injured passengers to recover damages from collision.
Evidence in the record
- Testimony about shouts given as Alberta within 100 feet of hawser
- Observation that hawser was broken
- Hawser (6-7 inches circumference, less than 2.5 inches diameter)
- Damaged pilot house of Alberta
- Master of Alberta's account of events
- Witnesses to shouts from Roma
- Darkness and structures obscuring vision
- Roma's knowledge of Alberta's regular use of slip
Jury
Sentencing
Objects of relevance
Policy considerations
- Safety in navigable waters requires adequate warning of obstructions
- Regular users of waterways should be protected from unexpected hazards
Authorities
Cited authorities (2)
Related cases (2)
Standards & doctrines
- Precedent from The Fulda and Erie R. Co. v. Oceanic Steam Nav. Co. on obstruction liability
Legal principles applied
- Vessels must provide adequate warning for nighttime obstructions
- Lack of lookout not contributory if it would not have averted accident
Notable quotes
“It is settled that vessels stretching hawsers across slips in the nighttime without adequate warning are responsible for the damages caused thereby to careful navigators”ADAMS, District Judge — Discussing legal principle for Roma's negligenceEstablishes precedent for liability in obstruction cases
“I think that the Roma must be held in fault.”ADAMS, District Judge — Conclusion on Roma's negligenceDirect holding on primary issue