National Dredging Co. v. Monsen

Citations

• 126 F. 930
• 61 C.C.A. 460
• 1903 U.S. App. LEXIS 4372

Syllabus

<p>1. Collision — Inland Rules — Lights on Scow</p> <p>Article 9, cl. “d,” of the rules for inland navigation (Act June 1, 1897, 30 Stat. 96 [U. S. Comp. St. 1901, p. 2879]), and the inspectors’ rules made thereunder for Atlantic and Pacific coast inland waters, which require craft navigating by hand power, horse power, sails, or by the current of the river, or which shall be moored in or near a channel or fairway of any bay, harbor, or river, to carry one white light forward not less than six feet above, the rail or deck, apply to 'a scow forming part of the equipment of a dredge engaged in deepening the channel of the river and bay of Mobile, and being used in the channel at night.</p> <p>2. Same — Steamer Passing Dredge and Scow in Channel — Insufficient Lights.</p> <p>While a dredge was engaged in deepening the channel in the river and bay of Mobile it was customary for other vessels approaching to signal with their whistles, and for the dredge to answer if in a position to clear the channel and to move to the west side; otherwise the signal was not answered. While at work one night, a steamer approached and gave the signal, which was not answered, but the steamer proceeded, and came into collision with a scow attached to the dredge, which was still partly in the channel, although attempts were being made to move it out. The scow did not carry the light required by the rules. Held, that the steamer was primarily in fault for undertaking to pass without an answer to her signal, but that the failure of the scow to carry the regulation light was a contributory fault.</p>