Lehigh Valley Transp. Co. v. Chisholm

Citations

• 153 F. 704
• 1907 U.S. App. LEXIS 4448

Syllabus

<p>1. Collision — Rules for Navigation of Great Lakes — Construction of Passing Rule.</p> <p>Rule 17 of the rules of navigation for the Great Lakes and their connecting waters (Act Feb. 8, 1895, c. 64, § 1, 28 Stat. 645 [Ü. S. Comp. St. 1901, p. 2891]), which provides that “when two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each shall pass on the port side of the other,” has reference to the position of the two vessels when they will be meeting and about to pass each other, and: not to their position when signals are given, if at that time they are on a temporary course from which they will depart before they will nearly approach each other.</p> <p>2. Same — Steam Vessels Meeting — Violation of Passing Rules.</p> <p>A collision occurred at night in Lake St. Clair, a short distance below the lower end of the cut, between the steamships Oceánica, going up, and the Chisholm, coming down. The vessels were on the usual courses, which would bring them head on when they approached each other, and the night was calm and clear. There was evidence tending to show that signals for passing port to port in accordance with the rules were exchanged, although that was in dispute; but it was shown without contradiction that, when the vessels were some 1,500 feet apart and head on the Oceánica gave a signal of two blasts, which was assented to, and that the Chisholm then put her helm hard astarboard and swung to port. It was also satisfactorily shown that the Oceánica did n'ot starboard her wheel, but either stopped and backed, or kept to the right, and that the collision occurred some distance to the eastward of her original course. Helé, that she was clearly chargeable with fault adequate to account for the collision, and that under the rule, which in such case raises a presumption in favor of the other vessel, which can be rebutted only by clear proof of contributory fault, the Chisholm