The Australia

Citations

• 120 F. 220
• 56 C.C.A. 568
• 1903 U.S. App. LEXIS 4475

Syllabus

<p>1. Collision — Barges in Tow Meeting — Burden of Proof.</p> <p>Where a collision between two barges in tow meeting in a channel was caused by the sheering of one past the middle of the channel, the burden rests upon her, in order to avoid liability, to show that such sheer was the result of inevitable accident or some force which she could not guard against by that reasonable degree of skill required of a navigator in the waters where it occurred.</p> <p>2^ Same.</p> <p>A barge while being towed up through St. Mary’s river, and while passing another barge in tow coming down, in a channel or cut 300 feet wide, under a passing agreement, sheered first into the bank on the starboard side, and then in the opposite direction across the middle of the channel, and came in collision with the other barge, which was well to-the west side of the channel. Held, that the fact that there was a crosscurrent at the point where the first sheer took place did not exonerate her from liability, the existence of such current being well known, and Its effect such that it could be overcome by proper care and skill in navigation.</p>