Year: 1869

the state Of New York-Decision.


Before Judge Benedict


The Harlem ana Ne,1 York Transportation COM
pany u.s. The Steamboat state or Ne,o York.-The
following decision was rendered this case yester-
day.


This was cause OF collision instituted by the own
ers Of the steamboat Sylvan Stream against the
steamboat State OF New York to recover the
damages sustained by the former vessel in
a collision which occurred In the East river
on the afternoon Of the 18th day OF January, 1867.
The Sylvan Stream Is one or the fast steamers which
make hourly trips y, pier = East river and
steamer, whose berth Is at the upper side OF the
same pier The sailing hour OF the State OF New
York Is four p. NJ, at which time the Sylvan Stream
arrives at pier ~, and when the tide Is flood she ut


that hour lands at the end OF the pier with her head
has been the practice between these two boats,
that when upon the four O'Clock trip the


Harlem sae boat r Nsw YS1s Pr % sss
to move out OF her berth she stops a pier or two
above pier "a to allow the State Of New York pass
New York is not ready then the Harlem boat starts
again aud makes her landing at the end OF the pier
before the state OF New York leaves her berth. on
the day OF the collision the Sylvan Stream arrived
before the State OF New York had started, and In
accordance with the usage, stopped or pier a. and,
the State of New York to her presence The State Of
New York did not begin to move, and accordingly
landing. Ian -" But soon alter she had 1 begun run
to move In towards pier "a. and while


'S York s ne n Of ss
her engines. After sne had begun to move out It
was, however, discovered by those on board OF the
State OF New York that the Sylvan Stream had al
ready started whereupon the engine OF the State OF
New York was at once stopped and reversed; but
Struck struck the the Sylvan Stream square blow upon the the
end OF the starboard shat the sylvan Stream hav.


ing then arrived at the end Of pier a. and being Just
about to throw out her plank. The blow was not
neayy one, as the state OF New York was barely
moving, her stern not being three feet outside
The end Of the pier. bus being upon the shalt
IL caused an injury TO the engine for which
suit Is now brought. These facts, which undis-
IL appears TO me. II was a manifest error IN the
state Of New York TO commence TO move after the
stream had started up and was reaching In to make
her landing at pier "a. She should have waited
until the stream had reached ner landing place at
the pier. The stream having commenced landing
before the State Of New York commenced TO move


was under the circumstances entitled to complete IL
without embarrassment from the state OF New York.
and this she could have done without causing delay
OF more than minute or two. Much evidence was
given upon the hearing tending to show the one
side that the stream stopped aud backed her
engine after the state Of New YORK began
to move, when she might have kept on and thus
have avoided the collision and the other side


aveid running into the pier. But 1t is clearly shown
that she made her landing In the usual way, and n
II be assumed that lhe evidence shows that In


she had kept on by her pier the collision would have
been avoided, the fact - not material In the aspect
In winch view tne case The operation OF landing


at the end OF the per was a simple and well known
rapid tide way. II necessarily involved the
crossing the bows Of the state OF New York.
and q stopping and backing TO bring up
properly at the pier. and 1t required but q
short period OF time FOR Its completion. Having
properly undertaken this man9uvre before the State
Of New YORK began TO move out, the Stream was
fully Justified IN completing II upon the assumption
that the State OF New York would not move out In


such a way az TO interfere with her. The collision


arose from negligence on the part Of the state OF


New YORK IN beginning to move when she did, and


this happened because the pilot who started her. and
who, as understand the evidence, had sole control
or the engine bells when he started her stood aft
where he could not see out ahead, and
then walked forward considerable portion
| OF the length OF the boat, TO his proper
| place at the pilot house. The state OF
New YORK was thus for short time moving directly
into danger OF collision with no one 10 stop her.
The period OF time very short It ~ true but II


was SUFFICIENT TO cause the collision, tor the evidence
shows that three feet would have avoided It, II


must be remembered also that thus Ia not the case OF


two vessels meeting or crossing In their courses q