The Transfer No. 10

Citations

• 137 F. 666
• 1904 U.S. Dist. LEXIS 11

Syllabus

<p>1. Collision—Steam Vessels Meeting in East River—Navigating on Wrong Side of Channel.</p> <p>Vessel held in fault for collision occurring while such vessel was navigating the Bast river below Corlear’s Hook on the left-hand side of the channel and near the Manhattan shore, such navigation being in violation of the narrow-channel rule requiring vessels to keep to the right, and of the East river statute requiring vessels using the East river to navigate as nearly in the center thereof as possible.</p> <p>2. Same—'Violation of Rules—Custom.</p> <p>Violation of statutory rules of navigation cannot be justified upon the ground that it is customary for vessels to violate them under certain tidal conditions.</p> <p>3. Same.</p> <p>The question in a collision case is not what the colliding vessels do-when they get down close to each other, but what maneuver they should have adopted under'the rules when far .enough apart to maneuver deliberately and safely.</p> <p>[Ed. Note.—For eases in point, see vol. 10, Cent. Dig. Collision, §§ 15,16.]</p> <p>4. • Same.</p> <p>When a vessel deliberately places herself in a position where she is not free to maneuver, and remains therein until a collision happens, her inability to maneuver immediately before contact is no excuse, her embarrassment being brought about by her own negligence.</p>