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
Judges: Brown, Peckham
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95 cases in this archive cite this case; the 20 most cited are listed.
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- The HamiltonSupreme Court· 1907-12-23· cited 264×
- Hartford Accident & Indemnity Co. v. Southern Pacific Co.Supreme Court· 1927-02-21· cited 218×
- Plamals v. S. S. \Pinar Del Rio\Supreme Court· 1928-05-14· cited 88×
- Panama R. v. JohnsonSecond Circuit· 1923-02-15· cited 56×
- Ex Parte the Union Steamboat CompanySupreme Court· 1900-05-28· cited 51×
- Intagliata v. Shipowners & Merchants Towboat Co.California Supreme Court· 1945-05-25· cited 48×
- Thompson Towing & Wrecking Ass'n v. McGregorSixth Circuit· 1913-08-04· cited 48×
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- General Seafoods Corp. v. J. S. Packard Dredging Corp.First Circuit· 1941-04-17· cited 30×
- The San SimeonSecond Circuit· 1933-03-13· cited 29×
- The New York Marine No. 10Second Circuit· 1940-02-13· cited 29×
- Gardner v. The CalvertThird Circuit· 1958-03-07· cited 29×
- Lynott v. Great Lakes Transit Corp.Appellate Division of the Supreme Court of New York· 1922-06-30· cited 27×
- The ChicagoSecond Circuit· 1903-07-25· cited 25×
- New York, N. H. & H. R. v. Long Island R.Second Circuit· 1931-03-02· cited 24×
- States Steamship Company, a Corporation v. Permanente Steamship Corporation, a CorporationNinth Circuit· 1956-03-06· cited 23×
- Standard Oil Co. v. DaviesFourth Circuit· 1921-02-14· cited 23×
Cites
7 cases in this archive are cited by this case.
- The ChattahoocheeSupreme Court· 1899-04-03· cited 156×
- The DelawareSupreme Court· 1896-03-02· cited 138×
- The\ North Star\Supreme Court· 1882-11-18· cited 134×
- Insurance Co. v. BrameSupreme Court· 1878-01-21· cited 118×
- The\ Sunnyside\Supreme Court· 1876-01-10· cited 66×
- The ScotlandSupreme Court· 1886-05-10· cited 63×
- The BritanniaSupreme Court· 1894-04-23· cited 50×
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