The Ardanrose

Citations

• 115 F. 1010
• 1902 U.S. Dist. LEXIS 259

Syllabus

<p>1. Collision — Steamer and Sailing Vessel — Burden of Proof.</p> <p>In case of collision between a sailing vessel and a steamer the presumption of law is that the steamer was in fault, and she has the burden of proof to establish the misconduct of the sailing vessel and her own. proper navigation, or-that the collision resulted from inevitable accident.</p> <p>2. Same — Evidence Considered.</p> <p>When a steamer was coming up the channel in Mobile Bay, she sighted a schooner about 1% miles distant on a tack which would take her across-the channel. The wind was light, and the schooner was not making more than two miles an hour. The schooner did not change her course, and, as she was crossing the channel, which was about 200 feet wide, she was struck by the steamer. The day was clear. Held, on the evidence, that no fault was shown on the part of the schooner, which had an equal right with the steamer in the channel, and that the fault was entirely that of the steamer, which might have avoided the collision by the exercise of proper care, and was in duty bound to do so.</p> <p>¶ 1. See Collision, vol. 10, Cent. Dig. §§' 54, 257.</p>