The Anna M. Fahy

Citations

• 153 F. 866
• 83 C.C.A. 48
• 1907 U.S. App. LEXIS 4465

Syllabus

<p>1. Navigable Waters — Obstruction by Wreck — Liability of Owner for Failure to Mark Wreck.</p> <p>Act March 3, 1S99, e. 425, § 15, 30 Stat. 1152 [U. S. Comp. St. 1901, p. 3543], which provides that, whenever a vessel is wrecked and sunk in a navigable channel, “it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night,” places such duty upon the owner, and no one else, and he cannot shift the responsibility for an injury to another vessel .resulting from his failure to perform it upon tugs which caused the wreck by their fault, when he had notice of the situation in ample time to have performed the duty before damage resulted.</p> <p>2. Same.</p> <p>The owner of a canal boat which was sunk in New York Bay, who received notice of the sinking at once, and could have had it marked as required by statute within an hour, is liable ior the damages caused by a passing vessel coming into collision with the wreck six hours later, when it was still unmarked.</p>