The Fontana

Citations

• 119 F. 853
• 56 C.C.A. 365
• 1903 U.S. App. LEXIS 4806

Syllabus

<p>1. Collision—Vessels with Tows Meeting—Suction Due to Overtaking Steamer. •</p> <p>The Interocean, an overtaking steamer, attempted to pass another steamer having a barge in tow going up the St. Clair river, but the towing vessel refused to assent to her signals, and she desisted, but kept alongside of the barge for some time, but at a safe distance, at no time less than 100 feet, until the towing steamer was passing a meeting vessel, also with a tow, when the Interocean swung in toward the barge, and within from 30 to 60 feet, and almost immediately the stem of file barge swung to port, and she sheered to starboard, striking and sinking the passing tow, which was .on a course 150 feet distant. Up to that time the barge was following her steamer closely, and was under a starboard wheel, to counteract the effect of the current, which was put hard astarboard as soon as the sheer was felt. No fault in the management of the barge was shown, iñelé that, while she had the burden to clear herself from fault in the deviation from her course, she did so when she showed that she -was following her steamer, and was in the exercise of due care, and that she used all reasonable means to break the sheer; that under the facts shown the sheer must be attributed to the suction caused by the Interocean, and she must be held solely in fault in failing to keep at a safe distance, taking into account the danger from suction, as was her duty as an overtaking vessel.</p> <p>2. Same—Total Loss oe Vessel—Measure oe Damages.</p> <p>Where a vessel is sunk in collision, and damages are awarded on the basis of her total loss, including interest on her value and her pending freight, the owner is not entitled to damages for loss of future earnings under an unexpired charter.</p> <p>¶ 2. See Collision, vol. 10, Cent. Dig. § 282.</p>