Matsuno v. The American Schooner Concord

Citations

• 3 D. Haw. 227

Syllabus

<p>Negligence causing injury to a trespasser: Negligence whereby injury is done, is not excused because the person injured is a trespasser. Richmond v. Bronson, 5 Denio, 55, dissented from.</p> <p>Construction of fishery clause in the organic act: The Hawaiian organic act declared certain sea fisheries, which had previously been free to citizens and residents alike, to be free to citizens of the U. S. Seld, that without further enactment or authoritative notice to the contrary, such fisheries remained free to non-citizen residents as well as to citizens.</p> <p>“Fairway”: “ Fairway” and “midchannel” are used synonymously in 30 Stat. L. 101, and this use is in harmony with Century Dictionary.</p> <p>Failure of anchored boat to show statutory light: Failure of anchored boat to show statutory light does not impair her right to recover for a collision if such failure did not contribute thereto.</p> <p>Obstruction to navigation — Anchored boat: A boat anchored in an open roadstead near the entrance to a harbor where few vessels pass in the night, and fishing with lines, is not an obstruction to navigation.</p> <p>Collision with an anchored boat: A fisherman in an anchored boat which is run down through the negligence of a moving vessel, is not precluded from obtaining damages, because of his failure to move his boat out of the way of the approaching vessel, if he has not otherwise contributed to the collision.</p> <p>Moving vessel colliding with anchored, vessel — Presumption of negligence — Burden of proof: A moving vessel running down an anchored boat is presumed to have been negligent and the burden of proof is upon her to acquit herself of liability.</p>