The Maling

Citations

• 110 F. 227
• 1901 U.S. Dist. LEXIS 129

Syllabus

<p>1. Public Improvements — Negligence op Contractors — Liability.</p> <p>While damage or loss resulting from the making with proper care and prudence of a public improvement pursuant to law is damnum absque injuria, contractors for such improvement, to avoid liability for resultant damage, must as far as practicable employ reasonably safe means and methods, and the doctrine of damnum absque injuria is wholly inapplicable where loss results to third persons from the negligent employment of unsafe methods unnecessary to the conduct of the work.</p> <p>2. Collision — Improper Signals.</p> <p>A close and literal compliance with the requirements of the regulations for preventing collisions is imperatively demanded, and the use by a vessel at anchor, and not in extremis, of a passing signal is a gross fault.</p> <p>3. Same — Mutual Fault — Damages.</p> <p>As a general rule, subject to qualification in special cases, where three vessels are all in fault for a collision resulting in damage to only one of them, the total damage and costs should be equally divided between all of them; but where one of them, other than the damaged vessel, al- . though not so related to or connected with the latter as to be a mere inert, passive or helpless instrument, without accountability for the movements or signals of the latter, nor her mere servant, but a free agent, not bound to obey the directions of the latter, has been induced by the latter to do the precise thing which constitutes her fault, the share of the damage and costs which she would otherwise be obliged to pay must be borne by the damaged vessel causing her to commit such fault.</p> <p>(Syllabus by the Court.)</p>