The Col. John F. Gaynor

Citations

• 130 F. 856
• 65 C.C.A. 340
• 1904 U.S. App. LEXIS 4235

Syllabus

<p>1. Collision — Vessel at Quarantine Station — Duty of Passing Vessels.</p> <p>A steamship, which has stopped her machinery, while lying at a quarantine station, where it is not customary to anchor, and is moving only slightly with the tide and without headway, has to a large extent the rights of a vessel at rest as regards other vessels that are passing.</p> <p>2. Same — Steamer at Rest — Passing Tug with Tow.</p> <p>An incoming British steamship in charge of a licensed pilot stopped in the daytime off the quarantine station in the Delaware river, at the usual place, which was not more than two lengths from the pier on the western side, to undergo the customary medical inspection. She did not anchor, and it was not customary to do so. While so lying, with the quarantine flag up, and while the inspection was being made, a tug came down the river with two heavily laden scows, without rudders, i'n tow on a line which made the tow from 1,400 to 1,600 feet long. Each vessel saw the other when a mile distant, and the tug understood the position of the steamship and the purpose for which she had stopped. The tug was properly on the westerly side of the channel, but there was ample room for her to pass to the eastward, so as to avoid any danger of collision. She had no lookout on the stern to keep watch of the tow, and passed so close to the steamship that both of the scows, sheering as she turned from the straight course, struck the steamship, and injured her. Held, that the steamship was entitled, under the circumstances, to the rights of a vessel at anchor, and that the tug was solely in fault in failing to keep at a safe distance in passing.</p>