The Umbria

by Henry Billings Brown

United States Supreme Court

166 U.S. 404

The Umbria

This was a suit in admiralty, brought in the district court for the Eastern district of New York by the owners of the French steamship Iberia against the British steamship Umbria, to recover damages for a collision, which took place about a quarter past 1 in the afternoon of November 10, 1888, in a dense fog, off the coast of Long Island, about 11 miles from the entrance to New York Harbor, and 6 miles south of Rockaway Beach.

The Iberia was a French steamship, 240 feet long, of 1,059 tons register, capable of a speed of from 9 1/2 to 10 knots an hour, was laden with a valuable cargo, and bound from the Red Sea and Mediterranean ports to New York. She had been in a fog since 8 o'clock in the morning, was running with her engines 'easy,' the lowest order short of stopping, at a speed of from 3 1/2 to 4 knots an hour on a W. N. W. course, and making occasional soundings with her lead. On two occasions, within a half hour preceding the collision, she had heard the whistle of an approaching steamer a little on her port bow, had altered her course two points to the starboard, kept on until the whistles indicated that the steamers were passed, and then returned to her former course. About a quarter of an hour after passing the last of these steamers, she heard a whistle, which proved to be that of the Umbria, bearing about two points on her port bow. Immediately, as on the previous occasions, her head was put two points more to starboard, a short whistle was blown, her helm was steadied upon a N. W. course, and held so. While so proceeding, after four or five minutes, several more of the Umbria's whistles were heard, all bearing about the same direction from the Iberia (allowing two points for the porting), the sound rapidly increasing in volume. Finally, the Umbria herself came into view about 900 feet away, and bearing about five points on her port hand. She then put her engines full speed ahead in an attempt to escape the Umbria by crossing her bow, and had nearly passed her, when the Umbria struck her stem on at an angle of about six or seven points, and cut her stern completely off.

The Umbria was a steamship of the Cunard line, 525 feet long, of 3,450 tons register, capable of a speed of 19 1/2 knots an hour, and was bound upon a voyage from New York to Liverpool, laden with a cargo, and having on board a number of passengers. After passing Sandy Hook, and discharging her pilot, she was put upon a compass course of E. by S. 3/4 S. From half past 12, when she discharged her pilot at the outer buoy, until the collision, she was kept at full speed more or less of the time, as the intermittent character of the fog permitted, sounding her whistle at intervals of a minute or two. The French steamship Normandie discharged her pilot ahead of the Umbria, and proceeded on her course a little more to the southward than the latter; at times being in sight of the Umbria, and again being concealed by the fog. Her whistle was heard from time to time on board the Umbria and off her starboard quarter, the latter having passed her before she reached the place of collision. Shortly after 1 o'clock the fog thickened, and, while the Umbria was running at full speed, a very faint single blast of a whistle, which subsequently proved to be from the Iberia, was thought to be heard on the Umbria's starboard bow, apparently a long distance off, and well to the southward. Upon hearing this whistle, and at 10 minutes past 1, her speed was reduced by order of her master, and attention given towards the direction of the sound for a repetition of the signal. Shortly afterwards a second, and, as some say, a third, whistle were heard, still apparently a long distance off, on the Umbria's starboard bow, and well to the southward. The master of the Umbria thereupon determined that the signals which had been heard were from a steamship approaching on a course parallel to his own; and, concluding that the Umbria was clear of her, and that she would probably port her helm to avoid the Normandie, ordered her engines full speed ahead at 11 minutes past 1 o'clock. Within a minute from the time such order was given, another whistle was heard closer to the Umbria, and drawing ahead of her, and almost simultaneously the Iberia loomed in sight, a little on the Umbria's starboard bow, on a course crossing her own nearly at right angles, and about twice the Umbria's length away. The Umbria's engines were immediately reversed at full speed, her helm put hard a-port, but before the Iberia had crossed her course the collision ensued. She struck the Iberia on the port side, about 30 feet forward of her stern, cut her completely in two, and passed on out of sight in the fog

Upon this state of facts the district court held the Umbria to have been solely in fault for the collision, entered an interlocutory decree, January 13, 1890, to that effect (40 Fed. 893), and referred the question of damages to a commissioner, who made a report, to which both parties filed exceptions. One of the exceptions taken by the libelant, the owner of the Iberia, was sustained by the court, and in accordance therewith a new report was made, and a final decree entered July 3, 1891, for the sum of $147,500.17. Claimant appealed to the circuit court of appeals for the Second circuit, which rendered a decision by a divided court, sustaining the decree of the district court as to the fault of the Umbria, but finding the Iberia also to have been in fault,-First, because, after hearing the first whistle of the Umbria, she changed her course without knowing the latter's bearing, course, or speed; and, second, because she violated article 18 of the international regulations, by continuing on, when she knew, or ought to have known, that the courses of the two vessels were crossing, and thereby involving risk of collision. 1 U.S. App. 614, 3 C. C. A. 534, and 53 Fed. 288. The decision of the district court was also reversed upon the question involved in the exception to the master's report. A rehearing having been refused, libelant applied to this court for a writ of certiorari, which was granted.

F. D. Sturges and F. R. Coudert, for appellant.

R. D. Benedict, for appellee.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.

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