Hosford v. Wakefield

Citations

• 117 F. 945
• 1902 U.S. Dist. LEXIS 114

Syllabus

<p>1. Navigable Waters—Collision op Steamer With Bridge Pier—Negligent Navigation.</p> <p>A steamer with a loaded scow lashed to her side, while attempting to pass out of Lewis river during an unprecedented rise of water, when the current was the strongest known, struck upon some piling which had been put in for one of the piers of a bridge under construction, and suffered injury. The piles had been submerged by the rising water, but the officers of the boat had knowledge of their existence and location with reference to the other pier. The opening for the draw between the piers was 100 feet, while the combined length of the two vessels as fastened together was 175 feet, and the master testified that they approached the bridge at an angle of 45°, which would have made it impossible for them to pass without striking the standing pier or the piling. It was further shown that the steamer was coming down stern foremost, and was unmanageable, sometimes drifting broadside to the current. Held, that the failure of the bridge contractor to mark the position of the piling by buoys, or to place fenders thereat, did not render him liable for the injury sustained, which must be attributed solely to the negligence of the steamer in attempting to make the passage under the circumstances and in the manner shown.</p>