The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-08-17
ROTH ARE TO BLAME.
The Decision in the Fristad-
Premier Collision Case.
OPINION BY JUDGE HANFoRo.
a-,ts 60 Collect Delinquent Taxea-Ac-
ton Brought on Contract for
Carrying the Mail.

rndee Hanford, of the United States
.ourt Yesterday delivered an opinion in
the admiralty suit brought by the master
~ the Norwegian bark Fristad against the
steamer Premier to recover damages for
;niurics sustained during a collision, in
~hicb he held that both vessels were in
mari responsible for the accident and the
t.mares should be divided. The full text
~ the opinion is as follows:
Adolph Fris;ad We. the steamer Premier, etc.
ana E. w. Spencer vs. the bark Fristad, etc.
IN admiralty--Cross libeis to recover damages
caused by collision. Decreed that both vessels
vere in fault and that the damages DO divided.
thompson, Edsen & Humphries for the Fristad;
Hughes, Hastings & ssedman for the Premier.
HlsYoRp, j.
The master OF the Norwegian bark Fristad. In
Aehslf of her owners, has brought this SUIT IN
srm against the American steamer Premier to
,ecoyer damages for injuries sustained BY the
issk in a collision of the two vessels: and the
ovaer of the steamer has flied a cross-libel,
claiming damages for injuries to her caused by
the same collision.
The time OF the collision was o'clock a. m,
FEBRUARY I, 1892, and the place was the entrance
70 Port Townsend harbor, nearly midway be-
tWe1H
The bark was at anchor there, and by force OF a
food tide and the wind was held with her stern
toward Narrowstone point The steamer in
making the run from Seattle to her usual land
ing place at Port Townsend, while Oh her usual
course from Marrowstone point and running at
fu,l speed about thirteen miles per hour, ran
against the bark endwise, the stem of the
steamer striking the stern of the bark between
her center aud the corner on the starboard side.
- A.
lookout of the steamer until the vessels were
TOO near TO each other to avoid the collision.
The bark had lantern hung from her starboard
iofsrigging about seventeen or eighteen feet
above her hull. Whether IL did OF did
mot give forth light visible to the officers OF
the steamer a. she approached il one of the con-
troysrted points Of the case. The master and
officers OF the bark were on board of her and
asleep Members OF the crew were assigned to
keep watch, one at a time, each man to be ON
duty one hour. The two whose respective
watches we're from until 8 and from until
O'Clock have testified that they did not see or
hear the steamer and were not aware of her ap-
seoach before sho actually struck. and no sound
q warning to passing vessels was given other
NAathe lantern hung in the rigging as afore-
sua The night was dark, but clear, and Port
Townsend was brilliant with electric and
Other lights, the rays OF which emanated
from various points of elevation up to the
emiuenca Of the residence district and down to
Point Hudson beach. AZ the Premier rounded
Marowsone point and 'straightened on her
course heading for Point Hudson, she had the
Fristsd between her and the lights OF the city
and lying directly in her course, so that the
Light of the latter, even IL burning brightly and
not obseured BY the rigging, could not have been
distinguished from other lights by persons on
the steamer, except for . very short distance.
The MASTER pilot and Quartermaster OF tho
Premier were on duty In her pilot house aud
che had lookout on deck. As soon as possible
after discovering the Fristad the master of the
Premier gave his commands to put her helm
hard astarboard and go astern full speed, which
orders were instantly 'obeyed BY the quarter
master and engineer, but without effect to avoid
the collision or moderate the force It
In behalf OF the Premier IL is earnestly con-
tended that the facts of this case as have mar
fatsd them clear her of all responsibility for
the accident. / am of the opinion, however,
that II there was no visible light on the Fristad
che could have been seen from the Premier in
ample time II the attention OF her officers and
Lockout had not been diverted during the two
or three minutes preceding the collision. If
they were nos guilty Of lack of vigilance.
must regard the fact that the collision occurred
q proving that Ii is dangerous for steamer to
enter q harbor at full speed on a dark night.
Therefore must hnd that the collision was in
part at least due to either inattention to their
duties, or a positive infraction of the rules of
navigation on the part OF the Premier's officers
ana crew.
The lantern IN use on the Fristad has been
brought into court and made an exhibit in the
case. The globe and frame OF 1t are of the best
material snd the proper size. ] find no FAULT
with IL. except that the burner IL not reliable.
In experimenting with IL q sudden Earring of
the stand on which 1t was placed caused only
smoke instead of flame to issue, two or three
fepetitions of similar jarring caused it to
burn again and give a strong light. From the
testimony II appears to me to be quito probable
hatduring part of the night before the collision
this burner was smoking instead OF giving
light The officers and lookout OF the Premier
have ell testified that when the bark came into
visw they saw no light upon her. Other steam
pm passed the Fristad on the night OF the
collision and persons who were on board OF
lfhem, including their pilots, have testified that
uhey saw the Fristad when passing and saw her
piisr passing her, but did not see it before The
master and mate of the Fristsd have shown by
sheir testimony that after the collision the light
PAS taken down by the masters orders to be
txed, because il was not so bright as when they
nns noticed 1t after the collision. The mate,
upon examining il. found as he supposed that
70 improve the light. After considering and
weighing the evidence upon the point find
that there Is a fair preponderance OF 1t to sus-
tain nv conclusion that this lantern did not, on
tns night OF the collision, give uniform or
steady light
The place at which the Fristad anchored il
Within the limits Of what Is known at Port
townsend as the ballast grounds, tho water be-
ing so deep that vessels can there dump ballast
overheard without violating any law or hakbor
regulation, and IL WAS for tho purpose of dis
eaarging ballast that the Fristad was anchored
y mat place. Although directly in the usually
unveiled pathway Of vessels entering the hn:bor
from the southwark. said place Is not within q
sgsiiy reserved or recognized fsirwav, ami
.ns vessel may lawfully lie At anchor there. /,
" however, place of danger at night because
W Tue large number OF steamers frequenting
ad pathway and the difficulty of distinguish
Ms an anchor light from other lights. A due
sesard Tor safety aud good seamanship requires
ass on board vessel in such situation q Wig
1Aa' watch should be kept, and that iii some
saaner Is by ringing q bell, approaching ves-
shoold he warned, rather than depend en-
sNF upon single lantern. No such warning
sCven. aud the testimony of the two watch
so thai they did not see or hear the Premier
sofe The collision convicts them OF inattentIon
$50 neglect Of duty. In my opinion. the Fristad
-. Dc regarded rs being in part responsible
-. 'as essuali1y, and the case is . proper one
ss division et damages