Samuel Blatchford

“ Those in charge of the Servia exercised proper vigilance in observing the Noordland, but those in charge of the Noordland were inattentive in observing the Servia, and in observing the speed at which their own vessel was nearing the New York shore after she had reached mid-river, and were negligent in permitting her to back so near to the New York side. ”

“ The Servia proceeded without any material change of course, headed about south by west one half west, under slow speed, until she got near enough to observe that the Noordland was continuing to make sternway at considerable speed, and might bring herself in the path of the Servia, whereupon the Servia stopped her engines, being then about 1,000 feet away from the Noordland, and one minute after, upon observing that the Noordland still continued to make sternway at a speed which indicated danger of collision, put her engines at full speed astern, and ported her helm. ”

“ The statutory steering and sailing rules before referred to have little application to a vessel backing out of a slip before taking her course, but the case is rather one of 'special circumstances,' under rule or article 24, requiring each vessel to watch, and be guided by, the movements of the other. A finding that the Servia had the Noordland on the starboard side, and that, therefore, the Noordland had the right of way, and the Servia was in fault for not keeping out of the way, would be immaterial, in view of the other facts affirmatively found. ”