Adato

Citations

• 126 F. 579
• 1903 U.S. Dist. LEXIS 50

Syllabus

<p>1. Collision — Moving and Anchored Vessel — Contributory Fault.</p> <p>A collision occurred at tbe Delaware breakwater between tbe steamer Adato, in motion, and tbe barkéntine Lovisa, at anchor. The steamer first started to pass on the starboard side of tbe Lovisa, but suddenly backed off, and undertook to pass on tbe other side, and when about abreast was caught by the tide and drifted against her. Held, that the steamer was clearly in fault for failing to make allowance for the tide, and that her claim of contributory fault on the part of the- Lovisa in failing to pay out her anchor chain was not sustained by the evidence, which showed that until less than a minute before collision, and when the steamer was about 70 yards away, she was going straight, and there was no reason to anticipate danger until it was too late to avoid the collision.</p>