The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-09-20
AN IMPORTANT DECISION.
Case Arising Ont of the Collision of Port
land Schooner Maud B. WethereII With
the Steamer Croatia.

Judge Brown of the q. S. court for the
| district of Rhode Island, on Friday, filed
| his opinion in the case of Webb & Shep-
pard of Portland, and others, owners of
| the fishing schooner Maud B. Wetherell,
| against the steamship Croatia of the
Hamburg American steamship line. This
case was tried in the U. S. district court
of Massachusetts, Judge Brown sitting
during the Illness of Judge Nelson. The
trial was held on March "a last, Benja-
min Thompson, Esq. of this city, appear
ing for the owners and crew of the
schooner, and Carver g. Blodgett of Bos-
ton for the steamship company. The de-
cision is one of great interest in shipping
circles, as it involvesj several important
points regarding navigation in foggy
weather. The decision is as follows:
District Court of the United States.
District of Massachusetts. No. 100. In
| Admiralty.
William A. Webb ct al. VS.. Steamship
Croatia.
Opinion. September H. 1897. Browne,
| District Judge-This action is for the re-
| covery of the damages sustained by the
| owners and crew of the fishing schooner
Maud B. Witherell, of 103 tons, in col
lision with the German steamship Croatia,
| of 2052 tons, at about 40 q. m. on June
10, 1896, in a thick fog, on the Atlantic
ocean, about 81 miles S. by e. of Little
Hope, Nova Scotia.
| The schooner with her fare of mackerel,
and the personal effects of the crew be-
came total loss.
The schooner was close hauled on the
port tack with a light breeze west, and
was going about two or three knots on
a course about NV. by N.
| The steamer was on voyage from
Hamburg to Boston, on a course S. 6s
W.
| The steamers stem struck the schooner
nearly at right angle on the starboard
side aft the main rigging, cutting into
her several feet, and sinking her within
! about two minutes after the collision.
That the steamer was proceeding at an
excessive speed in thick fog is well es-
| tablished by the evidence from the steam
er herself
!. At e o'clock her log showed 1-2 knots,
and her actual speed was about quar-
| ter of mile more. Her full speed is ten
knots.
The evidence of the engineer, corrobo-
rated by his log is that full speed was
| maintained from about 4 o'cIock q. m.
until 6.39 a M, when he received his first
order from the bridge to stop. One min
ute later, at 6. 49, he received the second
order, full speed astern.
The first order was given upon first
hearing the schooner's fog horn; the Sec
ond upon seeing her sails at distance
of about 250 feet.
To stop tho Croatia from full speed
ahead, when her engines were put full
speed astern takes three minutes.
| Three minutes before the collision she
was running at full speed, certainly not
less than 8 1-2 knots, in a thick fog.
According to the statement of the Sec
ond officer the steamer ran into the fog
about $50; the master was called and at
once came to the bridge. Ii the time CIV
en- by the second officer and the engineer
| is correct, he had been ON the bridge sew
| en- or eight minutes without reducing
speed before hearing the schooner's fog
horn.
According to the masters own estimate
of time it was but two or three minutes.
AS it appears in evidence that the steam
er if proceeding at half speed could have
been stopped in minute, it seems high
ly probable that if the master upon going
to the bridge had at once reduced speed
his vessel would have been under such
control when the schooner's horn was
heard that the collision might have been
avoided.
The Croatia then must be held at fault
International Regulations of 1895. See
The Louisburg rs Fed. r. 424.
l am also OF the opinion that the Croa-
tia was in fault after she was first ap-
prised of the fog horn of the schooner s
presence, in merely stopping her engines
and in not reversing.
A minute elapsed before the order to
reverse, during which second and third
blast were heard indicating vessel in
close proximity. The master testified
that when he heard the first horn he knew
that the schooner was not far off land that
from the second and third blast he knew
she was getting closer. He nevertheless
withheld the order to reverse until the
sails of the schooner were seen at dis
lance of only two hundred and SO feet.
Having by violation of Article IS
rendered imminent collision, it was the
duty Of the Croatia when appraised of the
schooner's presence Immediately to use
| all possible means to ohyiate the conse-
| quenees, of the previous fault of excessive
speed. This fault greatly reduced the in
terVal OF time that the vessels otherwise
| would have had to locate and avoid each
other and the Croatia as the vessels were
| closer together, and as there was no time
to spare In locating the exact position of
the schooner, should have reversed at
once. Though it Is exceedingly doubt
full whether reversing would have wholly
averted the collision, it might neyerthe-
less have given the schooner a chance TO
cross the steamers bow by a narrow mar
gin, or might have prevented the complete
destruction of the schooner be lessenino
the force of the blow.
sEThe claim made upon behalf of the
steamer that the schooner was in fault
in improperly sounding signal blasts of
her fog horn thereby indicating that she