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· 5/9/1910

The La Bretagne

Citations

  • 179 F. 286
  • 102 C.C.A. 651
  • 1910 U.S. App. LEXIS 4635

Syllabus

<p>1. Collision (§ 91*) — Navigation Rules — Narrow Channel Rule — Application to New York Bat.</p> <p>While the narrow channel rule (Act June 7, 1897, c. 4, art. 25, 30 Stat. 101 [U. S. Comp. St. 1901, p. 2S83]), requiring vessels to keep to the right in narrow channels, does not apply to upper New York Bay, considered as a single body of water, it does apply to each of the well-recognized deep water channels which run in a generally parallel direction through the bay, including Main Ship Channel.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. § 187; Dec. Dig. § 91.*]</p> <p>2. Collision (§ 102*) — Contributory Fault — Violation of Rules.</p> <p>The fact alone that one of two vessels at the time of a collision was on the wrong side of a channel in violation of the narrow channel rule, will not constitute a contributory fault where the collision occurred in the daytime on a clear day through the direct fault in navigation of the other vessel with nothing to obstruct her actions.</p> <p>[Ed. Note. — For other cases, see Collision, Dee. Dig. § 102.*]</p>

Judges: Lacombe

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