Henry Billings Brown

“ The Britannia
Mr. Justice BROWN (with whom was Mr. Justice JACKSON) , dissenting.
I cannot agree with the court in holding the Beaconsfield to have been in fault for this collision. Her conduct, so far from being reckless or in violation of the rules of good seamanship, appears to me to have been characterized by an excess of prudence, which, even if it were an error, was not a fault for which I would willingly condemn her. This court has had frequent occasion to hold steamers liable for too great speed. This is the first in which we have condemned one for too little. ”

“ A careful watch was kept on the movements of the Britannia, and it was observed not only that she did not swing to starboard, but also that she was showing a little more of her starboard side to the Beaconsfield; thereupon those upon the Beaconsfield, while still about four lengths from the Britannia, blew another single whistle, and, hearing no answer, put their wheel hard a-port, and stopped, and reversed full speed. Her engines were kept reversed until her headway was stopped. ”

“ In this condition of things we are confronted by the twenty-fifth and twenty-sixth findings,-that, at the time the Beaconsfield stopped and reversed, the vessels were approaching so as to involve risk of collision; that a prudent navigator, viewing the situation from the deck of the Beaconsfield, would have reached the conclusion that, if the course of the Britannia were not altered nor her headway checked, a collision was imminent and inevitable, unless avoided by some change on the part of the Beaconsfield ”

“ But we are not without authority upon this point. In the case of The Beryl, which was a collision in the North sea between the steamship Abeona and the steamship Beryl, the two vessels were approaching each other at right angles, the Beryl being upon the starboard side of the Abeona. The Abeona admitted that the Beryl kept her course, but claimed that she kept it too long, directly the contrary of the claim made by the Britannia in this case. The Beryl eased her engines from a quarter to half a mile distant from the Abeona. ”

“ And this we do not find to be the case. On the contrary, if there were error at all, it was such a mistake of judgment as would likely be committed by any one in similar peril.' See Id., 1 Ben. 30, Fed. Cas. No. 4,693; 8 Blatchf. 539, Fed. Cas. No. 4,695.
I agree with the court that the thirty-first finding is a finding of law and not of fact, but I think it was such a legal conclusion as was justified by the other findings. ”

“ The findings, so far as they bear upon the questions at issue, are as follows:
(5) 'When about midway between Diamond reef and the New York piers she saw the Britannia as the latter came clear of Castle William, and blew a single whistle to her. The Beaconsfield was then heading about W. N. W. or W. By N. The full speed of the Beaconsfield was between nine and ten knots, with fifty-six revolutions. At this time her engines were moving under an 'easy ahead,' with thirty revolutions, which would make her speed through the water about five knots. ”