The Bailey Gatzert

Citations

• 179 F. 44
• 102 C.C.A. 612
• 1910 U.S. App. LEXIS 4605

Syllabus

<p>1. Collision (§ 100*) — Precautions fob Preventing Collisions — Speed in Fog — “Moderate Speed.”</p> <p>A steam vessel passing from Portland down the Willamette river in a dense fog at a speed of 15 miles an hour, in view of the extensive commerce on such river, was not going at the moderate speed required by article 16 of the Inland Navigation Rules (Act June 7, 1897, c. 4, 30 Stat. 99 [U. S. Comp. St. 1901, p. 2880]), which provides that in a fog a vessel shall.go at.a moderate speed, “having careful regard to the existing circumstances and conditions.”</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. § 215; Dec. Dig. ■ § 100.*</p> <p>For other definitions, see Words and Phrases, vol. 5, pp. 4551, 4552.</p> <p>Collision rules — speed of steamers in fog, see note to The Niagara, 28 C. C. A. 532.]</p> <p>2. Collision (§§ 75, 99*) — Precautions foe Preventing Collisions — Vessels at Anchor — Lights, Signals, and Lookouts.</p> <p>A dredge lawfully fixed in a channel for improving it is to be considered as a vessel at anchor, and is under obligation to use the same precautions to guard against Collisions that a vessel at anchor is in respect to the exhibition of lights, maintaining a watch and other measures calculated to make its position known.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. §§ 113, 115, 211, 212; Dec. Dig. §§' 75, 99.*]</p> <p>3. Admiralty (§ 118*) — Appeal—Review—Findings op Fact.</p> <p>On appeals in admiralty, when questions of fact are dependent on conflicting evidence, the decision of the District Judge who heard and saw the witnesses will not be reversed unless clearly against the evidence.</p> <p>[Ed. Note. — For other cases, see Admiralty, Cent. Dig. § 770; Dec. Dig. § 118.*]</p> <p>4. Collision (§ 100*-) — Vessels at Anchor — Lookout.</p> <p>Whether or not an efficient lookout was maintained on a dredge at work in a channel during a dense fog held immaterial, in a suit for collision with the dredge by a movin