The Willard Saulsbury
District Court, D. Massachusetts
Libel by the owners and another by the master of the tug Ellen for injuries to the vessel and to the master in a collision with the schooner Willard Saulsbury. At about midnight of the 24th-25th September, 18G7, the tug was lying moored to a boom which was anchored in the “Narrows,” so called, in Boston harbor, to protect the dredging-machines which were at work widening the channel under authority of the United States.
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Libel by the owners and another by the master of the tug Ellen for injuries to the vessel and to the master in a collision with the schooner Willard Saulsbury. At about midnight of the 24th-25th September, 18G7, the tug was lying moored to a boom which was anchored in the “Narrows,” so called, in Boston harbor, to protect the dredging-machines which were at work widening the channel under authority of the United States. The schooner was sailing up the harbor, on the port tack, with the wind nearly abeam, and the tide about half ebb; the mate and one man were cn the lookout forward, and the…
1Opinion of the Court
LOWELL, District Judge.
A roadstead is a place where vessels usually anchor; and a fairway is where they usually pass and repass. That the Narrows are a fair-way which from the depth of water is resorted to by more than half of all the vessels that come to or leave Boston, notwithstanding its narrowness, cannot be disputed. Independently of the boom, the spot where the tug lay is a part of the fairway.- Taking the plan of Mr. Buckke. the engineer and contractor, to be correct, as it doubtless is. the width of the channel here between the low-water lines on either side, is about six hundred…
2Cited by1 opinion
- City of ChattanoogaCourt of Appeals for the Second Circuit · 1935