Henry v. Michael

Citations

• 137 F. 844
• 1905 U.S. App. LEXIS 4212
• 70 C.C.A. 342

Syllabus

<p>1, Collision—Peopee Navigation—Station of Lookout.</p> <p>While no specific location on a vessel is prescribed for the lookout, he is required by good navigation to be placed at the point best suited for the purpose alike of hearing and observing the approach of objects likely to be brought into collision with the vessel; having regard to the circumstances^ of the case and condition of the weather.</p> <p>[Ed. Note.—For cases in point, see vol. 10, Cent Dig. Collision, §§ 142, 163.]</p> <p>2. Same—Steamship and Schooneb—Impbopebly Located Lookout.</p> <p>Where a large ocean-going steamship, with decks considerably above the water, was navigating Chesapeake Bay in the night in foggy weather, a lookout stationed in the crow’s-nest, 60 feet above the deck, and 100 feet from the stem, was not properly located to see and hear objects in front of the vessel, and especially small vessels of the character that usually' navigate the bay, frequently loaded down to their water mark; and the ship was in fault for a collision with a schooner, whose fog signal, regularly sounded, was not heard by the lookout until immediately before collision.</p> <p>[Ed. Nóte.—For cases in point, see vol. 10, Cent. Dig. Collision, § 163.]</p>