The Atlantis

Citations

• 119 F. 568
• 56 C.C.A. 134
• 1903 U.S. App. LEXIS 4795

Syllabus

<p>1. Collision—Contributory Fault—Presumption.</p> <p>The fault of an overtaking vessel for a collision being established, in determining the question of the contributory fault of the vessel overtaken, every reasonable doubt should be resolved in her favor.</p> <p>2. Same—Overtaking Vessels—Effect of Suction.</p> <p>The Owen, a large and heavily laden steamer, passing up the Detroit river, overtook and attempted to pass the Atlantis, a much smaller vessel, and while so passing the Atlantis sheered and came into collision with the Owen. It did not appear that the sheer was due to any action of her helm, but rather that it was the effect of suction caused by the Owen, and that the helm was not changed until the effect of the suction was felt, when it was used in an effort to overcome it. Held that, it being the duty of the Owen, as the overtaking vessel, to keep out of the way and to pass at a safe distance, taking into account the danger from suction, the Atlantis was not in fault for not changing her course to give, more room, even if it could safely have been done, which was a matter in dispute, nor because of any unskillful maneuvers attempted in extremis, but that the fault was solely that of the Owen in coming too close to the Atlantis without necessity.</p>