The Westhall

Citations

• 153 F. 1010
• 1899 U.S. Dist. LEXIS 1

Syllabus

<p>1. Collision — Burdened Vessel — Steamer and Tug with Tows.</p> <p>As between a steamer and a tug with a cumbersome tow, the latter has the right of way, and upon the steamer is imposed the responsibility of exercising extra precaution to avoid collision.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 10, Collision, § 75.]</p> <p>2. Same — Defense to Liability.</p> <p>Precautions required by law to be taken when there is risk of collision must he taken in time to be effective against sucb risk, or they will constitute no defense to liability if collision occurs. ■</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 10, Collision, § 15.]</p> <p>8. Same — Tow on Wrong Side of Channel.</p> <p>The fact that a tug with a large tow was on the wrong side bf the channel, if admitted, would not prevent a recovery for a collision with a meeting steamship which, having the tug and tow in full sight in the daytime for a distance of 2% miles, violated her plain duty to keep out of the way, as she might readily have done.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 10, Collision, § 34.]</p> <p>4. Same — Contributory Fault — Evidence to Establish.</p> <p>Where the vessel on which rested the barden to avoid a collision was chargeable with faults sufficient in themselves to account for the collisiou which occurred, she cannot escape liability on the suggestion of possible faults on the part of the other vessel, which is entitled to the benefit of all reasonable doubts.</p> <p>[Ed. Note. — Eor cases'in point, see Cent. Dig. vol. 10, Collision, § 42.]</p> <p>5. Same — Evidence Considered — Stjcamjbb and Meeting Tow.</p> <p>A tug with seven barges in tow passing down Elizabeth river in the daytime found it necessary to cross to the western side of the channel in order to take her tow to an anchorage on the Newport News flats, and had passed entirely out of the deep-water channel with all of her lows, except the last, which was still from 125 to 1