Brigham v. Luckenbach

Citations

• 140 F. 322
• 1905 U.S. Dist. LEXIS 91

Syllabus

<p>1. Collision — Steam and Sailing Vessel at Night — Duty of Steam Vessel to Keep Vigilant Lookout.</p> <p>It is tiie duty of a tug, navigating in the nighttime in a place frequented by all kinds of vessels, to have the highest degree of vigilance and care on the part of her lookout, who should be stationed in the very best place possible for seeing and hearing, where he cannot be interfered with by conversation, and sufficiently near the stem to enable him to see objects lying low in the water; and the absence of a lookout so stationed, and exercising such vigilance and care, is prima facie evidence that the tug was in fault for a collision with a sailing vessel, which should have been seen in time to have been avoided.</p> <p>[Ed. Note. — For cases in point, see vol. 10, Cent. Dig. Collision, §§ 140-146.]</p> <p>2. Same — Unavoidable Accident.</p> <p>The fact that a' tug’s wheel jammed and prevented the changing of her course in time to avoid collision with a crossing schooner was not an unavoidable accident which will exonerate the tug from fault, where the jamming was the result of the suddenness with which the wheel was turned, which would not have been necessary if the schooner had been seen when she should have been, if the tug had kept a proper lookout.</p> <p>3. Samé — Lights—Conflicting Evidence Considered.</p> <p>The testimony of men engaged in navigating a schooner, which was sunk by collision with a tug at night, that the schooner’s side lights were burning, is not weakened by the fact that they also testify that they looked at the lights after the tug was seen approaching, such act being a natural one with careful navigators; and their positive testimony to the fact will outweigh the negative testimony of those navigating the tug that they did not see the schooner’s lights, especially where their position on the tug was not a favorable one for the purpose.</p> <p>4. Same — Vessels Crossing — Flare-Up Light.</p> <p>A schooner cannot be charged with fau