Minnesota S. S. Co. v. Lehigh Valley Transportation Co.

Citations

• 129 F. 22
• 63 C.C.A. 672
• 1904 U.S. App. LEXIS 4007

Syllabus

<p>1. Collision — Sudden Sheering of Vessel — Burden of Proof.</p> <p>A vessel which suddenly sheers from her proper course In ordinary weather, in a fairly ample space for navigation, and under no apparent stress of circumstances occurring without her fault, and, in consequence of such sheering, comes into collision with another vessel, is presumptively in fault for the collision, and has the burden of exonerating herself.</p> <p>2. Same — Steam Vessels Meeting — Proceeding Abreast in Channel.</p> <p>The steamer Mariposa, with the barge Martha in tow on a line GOO ‘feet long, both heavily laden with iron ore, was coming down the dredged channel through Lake St. Clair in the evening at a speed of about 7 miles; the channel being 800 feet wide. When near the south end of the cut, signals for passing port to port were exchanged between the Mariposa and the steamers Troy and Wilbur, which were coming up lightly laden, and were then just below the bend at the entrance to the channel, and about three-fourths of a .mile away. The two steamers came on abreast the Troy on the starboard side, and the Wilbur about 40 feet away, at a speed of 13 miles or more, and passed the Mariposa safely, but about that time the Wilbur took a sudden sheer to port, and struck and sunk the Martha. The weight of testimony tended to show that when the signals were exchanged the Mariposa was about on.the range line in the middle of the channel; that she then ported, and, on seeing that the two meeting steamers were abreast, ported again, the Martha following each time, and that at the time of collision they were each about 150 feet to the westward of the center of the channel; also that the Wilbur passed the Mariposa at a distance of about 50 feet, and was at no time east of the range line. She called to the Troy to stand off and give more room, which being refused, she slackened speed just before meeting the Mariposa, which brought her stern within the suction at the stern of the Troy, and caus