The Mary E. Morse

Citations

• 179 F. 945
• 1908 U.S. Dist. LEXIS 6

Syllabus

<p>1. Collision (§ 95*) — Construction of Rules — Overtaking Vessel — “Past and Clear.”</p> <p>Where a schooner, which had left Norfolk and was beating down the channel against a head wind, when she was overtaken and passed by a tug and tows, which left Norfolk later, was on the starboard tack, moving toward Old Point Comfort and away from the tug and tows, the latter were “finally past and clear,” within the meaning of article 24, of the Inland Navigation Rules (Act June 7, 1897, c. 4, 30 Stat. 101 LU. S. Comp'. St. 1901, p. 2883]); and when the schooner came about on the port tack, heading toward the tug and tows, and being more than two points abaft their beam, an entirely new risk of collision arose, as to which she was the overtaking vessel, and bound under such rule to keep out of the way, while the tug and tows were required by article 21 to keep their course and speed.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. §§ 200-202; Dec. Dig. § 95.»</p> <p>Overtaking vessels, see note to The Rebecca, 60 C. C. A. 254.]</p> <p>2. Collision (§ 95*) — Observance of Rules — Tugs with Long Tows.</p> <p>Tows of the length of 4,000 feet or more, when navigating frequented waters, are held to an extremely strict observance of the rules for preventing collisions.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. §§ 200 -202; Dec. Dig. ■§ 95.*]</p> <p>3. Collision (§ 95*) — Schooner and Tug with Tows — Fault of Tug.</p> <p>A tug with a number of tows on hawsers, the total length of the tow being over 2,000 feet, which, while passing down Hampton Roads in the daytime and while an overtaking schooner was approaching the rear barge of the tow on an oblique course, slowed down to half her speed and signaled the tows to let out their hawsers to double their former length, was solely in fault for a collision -between the schooner and barge, where the schooner was carefully and properly navigated, and would have passed under the stern of the barge if th