The Fannie

Citations

• 78 U.S. 238
• 20 L. Ed. 114
• 11 Wall. 238
• 1870 U.S. LEXIS 1477

Syllabus

<p>1 A schooner meeting a steamer approaching her on a parallel line, with the difference of half a point in the courses of the two, held, in a collision case, upon the evidence, to have kept on her course, and therein to have done what she ought to have done.</p> <p>2 A steamer approaching a sailing vessel is bound to keep out of her way, and to allow her a free and unobstructed passage. Whatever is necessary for this, it is her duty to do, and to avoid whatever obstructs or endangers the sailing vessel in her course. The obligation resting on the sailing vessel is passive rather than active, the duty to keep on her course. If, therefore, the sailing vessel does not change her course, so as to embarrass a steamer and render it impossible, or at least difficult, for her to avoid a collision, the steamer alone is answerable for the damages of a collision, if there is one.</p> <p>3. The absence of a proper lookout unimportant when the absence of one has nothing to do with causing the disaster. The Farragut (10 Wallace, 334) affirmed on this point.</p>