The Rotherfield

Citations

• 123 F. 460
• 1903 U.S. Dist. LEXIS 238

Syllabus

<p>1. Shipping—Negligent Navigation—Damage Caused by Swell.</p> <p>The burden rests upon a vessel under way, in order to exonerate herself from liability for an injury to one which was stationary, to show that it was not in her power to prevent the injury by adopting any practicable precautions, and in shallow waters she is bound to know and guard , against the effect of the swell and suction caused by her movement.</p> <p>2. Same—Breaking Moored Raft.</p> <p>A log raft was lying next to the bank of a river, outside of the channel, and in a proper place, being most of its length inside of a boom, when it was broken up, and some of the logs were lost, by reason of the swell caused by the propeller of a large steamship, which in leaving her berth just above the raft and starting down stream struck an obstruction, and put on full steam in an endeavor to pass over it, the stern swinging around in close proximity to the raft. Not being successful in passing the obstruction she backed off, and passed around it at a safe distance from the raft. HeZ<?., that there was nothing to show that the steamer could not have avoided the injury to the raft by the exercise of reasonable care, and that she was liable for the loss.</p>