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· 4/22/1867

Bentley v. Coyne

Citations

  • 71 U.S. 509
  • 18 L. Ed. 457
  • 4 Wall. 509
  • 1866 U.S. LEXIS 899

Syllabus

<p>1. Where a vessel has the wind free, or is sailing before or with the wind, she must keep out of the way of the vessel which is elosehauled hy the wind or sailing hy or against it. Those elosehauled on the wind, or sailing on the starboard tack, must keep their course.</p> <p>2. But these established rules of navigation do not apply after a vessel advancing in violation of them is so near another vessel that by such other vessel’s adhering to them a collision would be inevitable. A departure from them, under such circumstances, by a vessel otherwise not in fault, will not impair her right to recover for injuries occasioned by the collision.</p>

Judges: Clifford

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