Henry Billings Brown

Name: The Breakwater — Opinion of the Court
Author: Henry Billings Brown

Summary

“The Breakwater — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as Pavonia, New York and single whistle.

Quotes from The Breakwater — Opinion of the Court (Henry Billings Brown)

Henry Billings Brown, The Breakwater — Opinion of the Court

“ The moment the observance or nonobservance of a rule becomes a matter of doubt or discretion, there is manifest danger, for the judgment of one pilot may lead him to observe the rule, while that of the other may lead him to disregard it. The theory of the claimant that a vessel at rest has no right to start from her wharf in sight of an approaching vessel, and thereby impose upon the latter the obligation to avoid her, is manifestly untenable, and would impose a wholly unnecessary burden upon the navigation of a great port like that of New York. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, The Breakwater — Opinion of the Court

“ No fault is to be imputed to the Pavonia for her failure to stop and reverse, since it is quite obvious that if she had slackened speed her tendency to sag down the river would have been greatly increased, and she would practically have been at the mercy of the wind and tide. Her only safe course was to do precisely as she did,-put her wheel hard a port and her engine at full speed. The duty to slacken speed manifestly does not apply where the effect would be to carry a steamer bodily down the current upon another vessel which is trying to avoid her. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, The Breakwater — Opinion of the Court

“ The rule which would be applicable in a harbor where the business was light, and the passage of vessels not liable to be impeded, would be inapplicable in a great thoroughfare like the East river.' As it is clear in this case that a collision might have been avoided by prompt and decisive action on the part of the Breakwater after the Pavonia left the wharf, and that with proper management there was no rist of collision, we think that no fault can be imputed to the latter in leaving at the time she did. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, The Breakwater — Opinion of the Court

“ There is a necessity that these transits be made with great frequency and regularity, not only in order that the public may be accommodated, but that ferry boats arriving from the opposite shores shall not be compelled to lie in the stream, with a chance of encountering other vessels, to await the departure of their consorts from the New York slip. Steamers plying up and down the river should therefore keep a sufficient distance from the dock, and hold themselves under such control, as to enable them to avoid ferry boats leaving their slips upon their usual schedules of time. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, The Breakwater — Opinion of the Court

“ The Pavonia immediately replied by a single whistle, which was answered by a single whistle from the Breakwater. The Pavonia, when her stern was about as far out as the outer end of pier 20, (new number) , sounded another single whistle to the Breakwater, which was answered by the Breakwater by a single whistle. Before the collision the Pavonia sounded alarm whistles.
' (8) As soon as the Pavonia received the first whistle from the Breakwater, her engine was put to full speed ahead, and so continued until the collision. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, The Breakwater — Opinion of the Court

“ The wind and tide had the effect also to set her bodily down the river. Her course, from the time of her starting until the collision, was the usual course of ferry boats on leaving their slips under like circumstances. The course of the Breakwater from the vicinity of the Battery was along the New York docks. As she neared the Cortlandt street ferry slip she approached closer to the docks, and from that time continued on a course about 400 feet therefrom.
' (8) The Pavonia sounded the usual long, single whistle to warn approaching vessels as she commenced to move. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, The Breakwater — Opinion of the Court

“ This practice has been acquiesced in for at least half a century, and has been repeatedly recognize by the local courts. The Favorita, 8 Blatchf. 539, Fed. Cas. No. 4,695; The Monticello, 15 Fed. 474; The John S. Darcy, 29 Fed. ”

Henry Billings Brown

Summary

Quotes from The Breakwater — Opinion of the Court (Henry Billings Brown)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature