The Mesaba

Citations

• 111 F. 215
• 1901 U.S. Dist. LEXIS 74

Syllabus

<p>1. Collision—Overtaking Steam Vessels—Unanswered Signal.</p> <p>Under article 18, rule 8, of the inland navigation rules, when an overtaking steam vessel signals her desire to pass it is the duty of the vessel ahead to answer the signal at once, and the overtaking vessel is x>rohibited from attempting to pass, where it is not clearly safe and the co-operation of the vessel ahead is required, unless she receives an assenting answer to her signal. Where both vessels violate these requirements, tlie overtaking vessel mistaking the silence of the other for acquiescence in her signal, and in attempting to pass at a bend in a channel a collision occurs, both are in fault; and neither is relieved from liability by the fact that her violation of the rule was not the sole cause of collision, and that the x>assage would have been safely made but for the improper navigation of the other.</p> <p>2. Same—Responsibility of Overtaking Vessel.</p> <p>An overtaking vessel takes whatever risks attend her attempt to pass, from whatever cause arising, except from the fault of the vessel ahead, which is bound ¡only to keep her course and speed.</p> <p>3. Same—Vessel Overtaken—Rule as to Course and Speed.</p> <p>Where at the time an overtaking vessel signaled her intention to pass the vessel ahead, the latter had stopped her engines to permit a schooner to cross her hows, which purpose was obvious to the overtaking vessel, the resumption of her former course and speed after the temporary purpose of her stopping has been accomplished can hardly be charged as a violation of the rule requiring her to keep her course and speed!</p> <p>4. Same—Effect of Suction.</p> <p>The suction caused by a moving vessel, and Its lateral effect upon another vessel, depend upon a number of circumstances, of which the most Important are the size and speed of the two vessels, and particularly the depth of water beneath them, and the mass and extent of the water on each side; the force being at its maximum a