Clement v. Metropolitan West Side El. Ry. Co.

Citations

• 123 F. 271
• 1903 U.S. App. LEXIS 3989
• 59 C.C.A. 289

Syllabus

<p>1. Navigable Waters—Obstructions to Navigation—Bridges.</p> <p>A bridge across a navigable stream is an obstruction to navigation tolerated only because of necessity and the convenience of commerce on land, and, the right of navigation being paramount, it is incumbent on the owner of the bridge to so construct it that it may be readily opened to permit the passage of vessels, to place it in charge of persons competent to operate it, and to equip it with lights and signals giving warning of its position in opening and closing, and to give timely warning to approaching vessels if for any reason it cannot be opened. A vessel having given proper signal to open a bridge, and prudently proceeding under slow speed, in the absence of proper warning to the contrary, has the right to presume that the bridge will be opened in time for passage, and is not bound to stop until it has been opened.</p> <p>2. Same—Municipal Regulations.</p> <p>The ordinance of the city of Chicago requiring the commissioner of public works to provide and maintain vessel signals on all bridges over the Chicago river, and providing that it shall be unlawful for any vessel to attempt to pass a bridge, or to approach nearer than the end of the bridge protection, while the signals are up or the bridge is opening or closing, as that the same may be injured, applies only to bridges owned by the city, and is for their protection, and does not affect the rights of vessels with respect to private bridges, nor determine what shall be prudent navigation.</p> <p>3. Same-Failure to Open Bridge—Liability op Owner por Injury to Vessel.</p> <p>A steamer 254 feet long was proceeding up the Chicago river at night, at a slow speed, which enabled her to stop within her length. She passed through a number of bridges, and gave timely signal for the opening of a private bridge owned by defendant, an elevated railway company, which was raised by electrical machinery. As she entered the draw of the next bridge below, which