In re Rend

Citations

• 126 F. 564
• 1903 U.S. Dist. LEXIS 49

Syllabus

<p>1. Collision — Steam Vessels Meeting — Negligent Change oe Course.</p> <p>The steamer Thomas Wilson, leaving Duluth, and the steamer George G. Hadley, coming in, were approaching each other in the daytime, port to port, on nearly parallel but slightly diverging courses, sufficiently far apart to involve no danger of collision if maintained. When 1,500 feet apart, the master of the Hadley, having received instructions from a tug to proceed to a different port, ordered the helm hard astarboard. The master of the Wilson, observing the change of course, and supposing the Hadley to be sheering, at once put his helm aport, and afterwards hard aport, maintaining his speed until his vessel was struck on the port side by the Hadley and sunk. Each vessel was going at a speed of about 11 or 12 miles, and no signal was given by either until they were within 900 feet, and approaching each other, when the Hadley gave a signal of two whistles, which was not answered, and she then reversed, but made no change in course. Held, that the Hadley was solely in fault; that, in view of the original courses, no signal was required from the Wilson by the rules; that she was prudently navigated, and was not in fault for failing to answer the Hadley’s signal, because she could not then have avoided collision, and also because she acted in extremis.</p> <p>2. Same — Damages—Death op Seamen.</p> <p>Damages awarded against the vessel in fault for a collision in Lake . Superior for the death of seamen under the rule of the Minnesota Supreme Court.</p>