The Arthur M. Palmer

Citations

• 115 F. 417
• 1902 U.S. Dist. LEXIS 228

Syllabus

<p>t. Collision — Steam Vessels Crossing — Agreement by Signal.</p> <p>A vessel which assents by sighal that another shall cross her bows cannot urge the attempted maneuver as a fault, though it results in a collision.</p> <p>8. Same — Failure to Keep Lookout.</p> <p>A steam vessel which did not have a proper lookout, as required by the rules, cannot be exonerated by the court from fault for a collision, unless it appears that she could not possibly have avoided the accident, even if the lookout had been in his place.1</p> <p>8. Same — Passing too Close to Piers in Hudson River — Failure to Maintain .Lookout.</p> <p>A tug with a large and long car float on her side was passing up the west side of the Hudson river, unnecessarily near the ends of the piers, which were only about 100 feet distant, when a collision occurred between the float and another tug, which came out from a slip behind a pier which obstructed the view. The latter had no lookout except the-pilot, who was in the wheel house, 30 feet from the stem, and the tug, with the tow, was not seen by him until he passed beyond the end of' the pier. At that time he was in close quarters, with the tug and tow only about 150 feet away, and his attempt to cross their bows as agreed by signal, while perhaps the only maneuver then practicable, resulted-in the collision. Held, that the presence of a lookout in the proper position might have enabled such tug to avert the collision, and that both-tugs were in fault.</p>