The George Presley

Citations

• 111 F. 555
• 49 C.C.A. 438
• 1901 U.S. App. LEXIS 4402

Syllabus

<p>Collision—Steamer and Tow—Concurring Fault.</p> <p>A steamer with three vessels in tow on a single line, altogether about 2.500 feet: long, was coming down the Detroit river, hut had stopped temporarily on the Canadian side, headed upstream, with the steamer in front. As she was turning with the tow to proceed down, and when she and the first tow had turned and headed southward, and were about -100 feet from the American side of the channel, tlie Yakima, a heavily bulen steamer, was half a mile downstream, coming up. At this time the schooner Helvetia, the second of the tow, was headed directly across the river, and about midstream, while the last tow ivas stiil headed upstream. The navigable channel was straight, 1,800 feet, wide, and the current about 2>A miles an hour. The Yakima signa loci her intention to pass'between the fleet and the American side, which* was assented to. Doth steamers starboarded slightly, and the Yakima checked speed to about 4 miles. When (>0O feet apart, the mastín- of the Yakima observed that the tow was not under control and ivas not turning properly, but kepi: on, and, aider passing the other steamer, turned in as close as possible to shore. The Helvetia, through improper steering, failed to follow the vessels ahead, but swung over towards .the American side, anil struck the bluff of the Yakima’s bow at rigid, angles. Meld, that the Helvetia was clearly in fault, but that tlie Yakima' was also guilty of contributory fault, conceding that she was justified in attempting to pass on tbe side she did; that, being alone and ascending the stream, the duty rested upon her to keep out of the way of the descending tow, and to stop if the situation required it; and that she should have stopped when it first became apparent that the tow was not turning properly, the other steamer being then from 200 to 300 feet to her starboard side, where there was little danger of collision between the two.</p>