Therefore, if a vessel at anchor in a gale could reasonably avoid a collision threatened by another vessel, and does not adopt the means for doing so, she is likewise at fault and must abide the loss with the other vessel. The Sapphire, 78 U.S. (11 Wall) 164, 20 L.Ed. 127 (1871); The Tungus, 5 F.2d 66 (2d Cir. 1925). However, it is not sufficient for the ESSI to cast a doubt on the management of the MERCEDES and the NAIAD.
Restatement of Torts § 452. The Sapphire, 11 Wall. 164, 20 L.Ed. 127; The Ciudad de Reus, 2 Cir., 185 F. 391; The Baltimore, 1 Cir., 283 F. 728; The Tungus, 2 Cir., 5 F.2d 66; Cuyamel Fruit Co. v. Nedland, 5 Cir., 19 F.2d 489; The East Indian, 2 Cir., 62 F.2d 242. Restatement of Torts § 479.
I think the Gylfe's failure to go ahead with her engine, during her swing from position 1 (the Russell diagramatic exhibit) to position 3, was a contributing fault. The Tungus, 2 Cir., 5 F.2d 66. Thus all three vessels were at fault, and the libellant may have a decree for half damages against the respondent and the respondent-impleaded, to be shared equally.