The Albert Dumois

Citations

• 177 U.S. 240
• 20 S. Ct. 595
• 44 L. Ed. 751
• 1900 U.S. LEXIS 1793

Syllabus

<p>In January, 1891, the navigation of the Mississippi River below New Orleans was governed by the rules and regulations of 1864, (Rev. Stat. sec. 4233) and also by the supervising inspectors’ rules for Atlantic and Pacific inland waters.</p> <p>A steamer ascending the Mississippi within 500 feet of the eastern bank, made both colored lights of a descending steamer, approaching her “ end on, or' nearly end on.” She blew her a signal of two whistles and star-boarded her wheel. Held: That she was in fault for so doing, and that this was the primary cause for the collision which followed. Held also: That the fact the descending steamer seemed to be nearer the eastern bank and that her lights were confused with the lights of other vessels moored to that bank, was not a “special circumstance” within the meaning of Rule 24, rendering a departure from Rule 18 necessary “to avoid immediate danger,” since if there were any danger at all, it was not an immediate one, or one which could not have been provided against by easing the engines and slackening speed.</p> <p>Exceptions to general rules of navigation are admitted with reluctance on the part of courts, and only when an adherence to such rules must almost necessarily result in a collision.</p> <p>The descending steamer, running at a speed of twenty mile,.: an hour, made the white and red lights of the Dumois, the ascending steamer, upon her. port bow, and blew her a signal of one whistle to which the Dumois responded with a signal of two whistles, starboarded her helm, shut in her red and exhibited her green light. Held: That the descending steamer, the Argo, in view of her great speed, should at once upon observing the faulty movement of the Dumois, have stopped and reversed, and that her failure to do so was a fault contributing to the collision; and that the damages should be divided.</p> <p>While a steamer may be so built as to attain the utmost possible speed, she ought also to be provided with such means of stoppin