The Fannie Hayden

Citations

• 137 F. 280
• 1905 U.S. Dist. LEXIS 225

Syllabus

<p>1. Collision—Schooners Crossing at Night—Failure to Keep Lookout.</p> <p>Where the only two men on the deck of a schooner navigating in the night were engaged in taking down sail, neither one nor both constituted a proper lookout, and she is in fault for a collision with another schooner having the right of way, and which should have been seen from a quarter to half a mile distant, but was not seen until immediately before the collision.</p> <p>2. Same—Contributing Fault.</p> <p>When the privileged one of two schooners kept her course until collision, as she was bound to do, it is not material to inquire whether or not there was any incompetency on the part of her lookout, since, if so, it was not a fault which contributed to the collision.</p>