The W. N. Bavier

Citations

• 153 F. 970
• 83 C.C.A. 12
• 1907 U.S. App. LEXIS 4485

Syllabus

<p>Collision — Tow and Meeting Steamer — Improper Navigation by Tug.</p> <p>A collision in East river between a canal boat, which was one of four in tow of a tug passing down on an ebb tide, and a steamer passing up on the Brooklyn side of the center of the channel, held due to the fault , of the tug, which, after exchanging the proper passing signal of one ' ’ whistle with the steamer and properly porting her helm for a time, star-boarded it again when about the center of the channel, allowing her tow to sag to port with the tide and against the steamer. The steamer held not in fault because of her violation of the East river statute, which required her to keep in the middle of the channel, since it in no way contributed to the collision, nor because she did not go still further to starboard than she did; her change of course being .sufficient for safe passage if the tug had continued to co-operate, as she had the, right to assume would be done after the exchange of signals.</p> <p>[Ed. Note. — Signals of meeting vessels, see note to The New York, 30 C. C. A. 030.]</p>