Year: 1869

The Pt0enir Insurance Company Us. The steam


boat AUas.-Plantiffs are New York corporation
doing business In the city Of New York. In March,
1885, tney insured for the sum OF sl95 the cargo


which consisted Of lnseed, Of the canal boat A. Il.
Hurd while ON her voyage from New


York to New Brunswick, N. J. Soon after
the Hurd and another boat and schooner
were taken in tow on their way to New Bruns-
wick by the steamtag Kate. When the Kate
had got as far as New Brighton, s. l., the weather


was so uniavorable that she remained there over


night. About three O'Clock the next morning the


on her starbOard side and abreast OF her and the


otner boat and schooner between. Her course was


northwest by north, directly towards Port Johnson,
ing north to northwest the tide was nood and
nearly nearly nigh water, and the night was dark.


WITHIN about hundred and fifty yards OF


the Jersey shore, the captain or the Kate heard
dead ahead and distant about a tenth Of a mile.


The whistle was blown signal Tor the boats TO
pa pass on the port side OF each other The captain Of
the Kate immediately answered with two whistles
Us signal TO keep on the starboard side, consider


ing unsafe for him, owing to the state of the tide


approaching vessel on the port side, and ne accord
ingly starooarded his helm. Within minute after
out to be tie steamt1g Atlas struck the Kate
amdsllpS on her Starboard side, her course
SaSer haS the influence g Of her starboard helm


was SO seriously injured as to sink in about six
minutes. The Atlas continuing her course, showed
the Kate down upon the boat upon the port side OF
the tier In tow, and the one next to her caused q
barge. which the Atlas had in tow, to run with
great force into the canal boat Hurd. BY this co-
the Hurd had her bow stove in SO that In fifteen
minutes she sank In about twelve feet OF water and
her cargo was a total loss. The collision, as the


bellans allege, was the result OF the careessness
OF the Atlas and her failure to display the
proper lights She did not answer the whistle OF the
Kate as Is claimed to change her course reverse
her engine until after the collision. 1t was also
claimed by the ibeUants that the Kale was In no way


in fault for the collision. The action was accord


ngly brought recover the amount of the insurance
paid by hDelIants to the owners of the Hurd. The
answer set up to these allegations was that on the
evening IN question the Atlas was making her regu-
Julia In tow her port side About half-past three
O'Clock the officers OF the Atlas discovered single
waite light nearly dead ahead. AS no other light
was seen it was supposed that 1t belonged
to q vessel going IN the same direction.
The pilot blew single whistle and ported the helm,
when 1t was found tnat the light belonged to tow.
Soon after two whistles We're sounded from the
tow, as an indication OF an intention to cross the
bow CT the Atlas on the STAFFORD side. Signals were
given to the engineer OF the Atlas to
back, and to the captain OF the Julia to starboard
his helm, which was Immediately done. The helm
Roadway could be checked she struck the Kate The
respondents deny tnat the Atlas did not display
proper lights, and that she was guilty Of careless
After the two whistles were sounded
by the Kate 1t claimed by the respondents that
the Atlas at once attempted to alter her course
and to pass the Kate on her starboard side and to
TINS END the engines were reversed, and the wheels
OF the Atlas were actually moving backwards from
the time OF the blowing or the two whistles until the
collision. 1t was further claimed that the pilot Of
the Kate was not a competent man, and that she
was not properly manned II was also allie red that
but one light was visible upon sne Kate and her tow
when nrst alsvovered. The collision as the respond
Kate to cross the bow OF the Atlas without suGicent
signal OF her intention and in too close proximity TO
her when men the attempt was made If the Kate hnd
would not nave occurred. Case still on