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· 1/31/1903

The De Veaux Powell

Citations

  • 120 F. 522
  • 1903 U.S. Dist. LEXIS 366

Syllabus

<p>1. Collision — Steam Vessels Crossing — Concurring Fault.</p> <p>A ferryboat, leaving ber New York slip to cross North river In the daytime as a tug was coming up with a tow several hundred feet below, claimed her privilege of crossing ahead by signal, which was not answered. A second signal was unanswered, and she proceeded on her course, a collision resulting. The master of the tug, who was acting as wheelsman, pilot, and lookout, neither initiated nor answered a signal, and paid no attention to the ferryboat, although his was the burdened vessel. Held, that both vessels were in fault; the tug, for inattention and failing to maintain a proper lookout, and the ferryboat, for proceeding after her signals were unanswered, and the inattention of the tug had become apparent.</p> <p>¶ 1. Signals of meeting vessels, see note to Union S. S. Co. v. Erie & W. Transp. Co., 30 C. C. A. 630.</p>

Judges: Thomas

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