The Breakwater

This was a libel in admiralty for a collision which took place on December 16, 1887, between the steam ferry boat Pavonia, of the Erie Railway Line, as she was leaving her slip at the foot of Chambers street in the North river, and the steamship Breakwater, of the Old Dominion Line, as she was coming up the river to her berth at the foot of Beach street above the ferry slip.

The collision occurred a short distance below the ferry slip, the Breakwater striking the Pavonia on her port side a little abaft her wheel, and seriously damaging her. The libel charged the Breakwater with having been in fault for not keeping out of the way of the ferry boat, as required by the starboard-hand rule; and for coming up the river too near the shore and at too great speed. The answer attributed the collision either to unavoidable accident, or to the negligence of the ferry boat in leaving her slip, either without seeing the Breakwater, or at a time when, if she had seen her, she must have known there was danger of collision in so leaving.

The district court found the Breakwater to have been wholly in fault (39 Fed. 511), and upon appeal to the circuit court this decree was affirmed by Mr. Justice Blatchford upon the following finding of facts: