Mitchell Transp. Co. v. Green

Citations

• 120 F. 49
• 1903 U.S. App. LEXIS 4458

Syllabus

<p>1. Collision — Steamer Meeting Tow in Channel — Care Required.</p> <p>A steamer passing free through a rather narrow channel, and meeting another vessel with tows, is bound to take into account the fact that such tows are likely to be somewhat unwieldy, and vary more or less in their several courses, and to guard against the danger, and keep out of the way, if she can without peril to herself.</p> <p>2. Same — Evidence Considered.</p> <p>The steamer Susan E. Peck met the steamer Folsom, with the barges Mitchell and Nelson in tow, when passing up through the “Lime Kiln Crossing” in the Detroit river, an artificial channel 440 feet wide. After safely passing the Folsom and Mitchell port to port, as agreed by signal, the Peck came into collision with the Nelson, which was sunk. Held, on conflicting testimony, that the Folsom and her tows were at all times to the westward of the middle of the channel, and that the collision was due solely to the fault of the Peck, which, after passing the Mitchell on a port helm, starboarded to such an effect that, being 240 feet long, she swung so far across the channel that her bow was caught by the crosscurrent, and she was unable to correct herself before striking the Nelson.</p> <p>8. Appeal — Assignment op Errors — Disregard op Rules.</p> <p>The circuit court of appeals will not, unless in exceptional cases, consider an assignment of errors in plain disregard of rule 11, which requires that it “shall set out separately and particularly each error asserted and intended to be urged,” and when, in addition, the appellant’s brief fails to comply with rule 24, requiring a reference to the pages of the record relied on to support each point.</p>