The Millville

Citations

• 137 F. 974
• 1905 U.S. Dist. LEXIS 238

Syllabus

<p>Collision—Vessel • MoObed in Fairway of Stream—Failure to Carry Lights.</p> <p>Article 29 of the inland navigation rules (Act June 7, 1897, c. 4, 30 Stat. 102 [IT. S. Comp. St. 1901, p. 2884]), which provides that “nothing in these rules shall exonerate any vessel * * * from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case,” applies to a vessel lying moored at the end of a wharf, in a dark night, in the navigable part of a narrow stream, con-' stantly traversed by different kinds of .craft, and having neither lights nor a ■ lookout,' there being special circumstances in such case which required her, in the exercise of common prudence, to carry a light, whether. or not it was expressly required by the rules; and she cannot recover for an injury by collision with a passing vessel, in tow, which -'could have been avoided, had she been properly lighted.</p> <p>[Ed. Note.—For cases in point, see vol. 10, Cent Dig. Collision, §§ 223-227.]</p>