W. E. Hedger Transp. Corp. v. Hart

This appeal arises out of a collision between the respondent-appellants steamship "Fort Ash" and the libellants flotilla comprised of the tug "Brimstone," towing the barge "M. A. Lenahan" on her port, and the barge "A. J. Ruddy" on her starboard, side. The collision occurred at about 7:20 a.m. on April 23, 1945, in the East River just east of North Brother Island. The District Court found that previous to the accident the "Brimstone" was proceeding in a general easterly direction on the starboard side of the channel between North Brother Island and South Brother Island.Approaching the "Brimstone" from the opposite direction were the steamship "Ferncliffe," with the escorting tug "W.S.A. No. 10" on her portside, and the steamship "Fort Ash," which was behind these two. The District Court found that the "Brimstone" sighted the "Fort Ash" about a mile away in the channel north of North Brother Island. About that time the "Fort Ash" left the northerly channel and headed toward the channel between the two islands. The "Brimstone," then entering the channel, signalled for a port-to-port passage by blowing one whistle. Hearing no answer from the "Fort Ash," the "Brimstone" later blew another one whistle, and finally an alarm, and commenced backing. Nevertheless the bow of the "Ruddy" came into contact with the starboard bow of the "Fort Ash." As a result of the collision the "Ruddy" sank in her own fairway within a few minutes.