The Caldy

Citations

• 153 F. 837
• 83 C.C.A. 19
• 1907 U.S. App. LEXIS 4457

Syllabus

<p>1. Collision — Vessel Anchoring in Channel — Obstructing Passage of Other Vessels</p> <p>While Act March 3, 1899, e. 425, § 15, 30 Stat. 1152 [U. S. Comp. St. 1901, p. 3543], providing that it shall not be lawful to tie up or anchor vessels or other craft in navigable channels “in such manner as to prevent or obstruct the passage of other vessels or craft,” was not intended to absolutely prohibit tbe anchoring in navigable channels, it makes it unlawful whenever the result is to obstruct other vessels in passing to such extent as to make such passing a dangerous maneuver; and the fact that other vessels have succeeded in passing one so anchored in safety is not proof that her anchorage was not in violation of the statute, or that she, was not in fault for a collision with another vessel which was attempting1' to pass.</p> <p>2. Same — Steamer and Vessel Anchored in Channel.</p> <p>A steamship 314 feet long, which was anchored through the night in the Brewerton channel of the Patapsco river, where it was 600 feet wide, and which was allowed to swing around so as to lie nearly across the channel, so that her stern was only about 100 feet from one side, while her anchor chain extended toward the other, held in fault for unnecessarily obstructing the channel and liable for a collision with another vessel, which was attempting to pass under her stern. The passing vessel also held in fault for not navigating with proper care and at slower speed in passing, in view of the well-known tendency of vessels to sheer when near the edge of the channel.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 10, Collision, § 102.]</p> <p>Brawley, District Judge, dissenting.</p>