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Second Circuit· 4/30/1907

The Umbria

Citations

  • 153 F. 851
  • 83 C.C.A. 33
  • 1907 U.S. App. LEXIS 4460

Syllabus

<p>Collision — Steamships—Negligence—Starboard Hand Rule — Violation.</p> <p>A steamship observed a tug and tow nearly a mile distant in the channel of the upper New York Harbor. The tug at this time appeared at a point on the steamer’s port bow with her tow in a westerly direction across the fairway of the channel, and bound across the steamer’s course. The tug and tow in fact were not moving, but the tug was attempting to take one of its scows alongside and shorten the hawser on the other. When the steamer approached she blew two whistles, which were not answered, and then blew two more, with a similar result, about 10 seconds intervening. Between the whistles the wheel was put hard astarboard, so that the steamer’s course was changed 20 degrees, in an attempt to pass astern of the tow. Being unable to accomplish this, an attempt to stop was made which was ineffectual, and a collision resulted. Held, that the steamer was the privileged vessel required by article 21 to keep her course and speed until she had received a signal from the tug, and was therefore at fault in violating the starboard hand rule; and the tug was also at fault in attempting to perform her maneuver, which occupied from 500 to 750 feet of the channel, at a point where it was less than half a mile in width, and at a time when seagoing vessels were known to be due, without having some one in the pilot house of the tug on the lookout to answer and give signals.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 10, Collision, § 79.]</p>

Judges: Coxe, Eacombe, Townsend

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