The Captain Sam

Citations

• 115 F. 1000
• 1902 U.S. Dist. LEXIS 258

Syllabus

<p>1. Collision — Suit for Damages — Evidence.</p> <p>The testimony of officers and witnesses as to what was actually done on board their own vessels is entitled to greater weight than that of witnesses who form their opinions merely from observation.</p> <p>8. Same — Negligent Towing — Length of Line.</p> <p>It is not negligent under all circumstances for a tug to tow a vessel with a great length of line; and, to render her liable for a collision on that ground, it must be shown that it resulted from such cause.</p> <p>8. Same — Signal on Leaving Berth.</p> <p>Under pilot rule 8, requiring boats when moved from their docks or berths, and other boats are liable to pass from any direction toward them, to give a signal, a tug should give such signal on taking a tow from its berth; but the failure to do so will not render her liable for a subsequent collision between the tow and another vessel, where the-latter saw the tug at the slip, and knew she was taking out a tow.</p> <p>4. Same — Tug with Tow and Free Berth.</p> <p>As between a tug with a heavy tow and an overtaking tug without any tow, the duty is imposed on the latter to keep out of the way.</p> <p>6. Same — Tug Overtaking Tow — Failure to Keep Lookout.</p> <p>The tug Captain Sam, on a clear morning, took a large and heavily laden barge from her slip in Mobile, and started up the river against a strong wind and current. At the time she took the barge out, the tug Hero was further down stream, also coming up the river. Both tugs proceeded up stream, the Hero for some time gaining, until she had passed the barge, when she, in some manner, was struck by the barge and injured. The weight of evidence showed that the barge was following directly in the course of her tug on a line which had been run-out to a length of about 250 feet, and that, after passing, the Hero went on a course diagonally crossing that of the tug and tow, although there was plenty of room in the channel to keep away. The Hero had no lookout, an