The Old Point Comfort

Citations

• 187 F. 765
• 109 C.C.A. 513
• 1911 U.S. App. LEXIS 4225

Syllabus

<p>1. Collision (§ 122*) — Action for Damages — Evidence—Course of Vessel.</p> <p>The presumption is that a vessel bound from one point to another will take the usual and direct course; and where such presumption is strengthened by the direct and positive testimony of all the witnesses on such vessel, it can only be overcome by the clearest preponderance of evidence.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. §§ 257, 258; Deo. Dig. § 122.*]</p> <p>2. Collision (§ 43*) — Steam and Sailing Vessel — Navigation Rules.</p> <p>Where a steam and sailing vessel are approaching each other on courses involving risk of collision, the duty of the steamer under the rules to keep out of the way and of the sailing vessel to keep her course are mutual. and the rules are as obligatory upon one as the other.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. §§ 43-47; Dec-Dig. § 43.*]</p> <p>3. Collision (§ 45*) — Steam and Sailing Vessels — Change of Course bt Sailing Vessel.</p> <p>A collision at night in Chesapeake Bay between a schooner going down and a steamer bound up held, on the evidence, due solely to the fault of the schooner in changing her course after the vessels saw each other, when they were approaching on such courses that each' showed to the other her red light, and they would have passed in safety if such courses had been maintained.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. § 51; Dec. Dig. § 45.*]</p>