Vernon v. International Steamship Co.

Citations

• 79 Wash. 22
• 139 P. 645
• 1914 Wash. LEXIS 1138

Syllabus

<p>Collision — Steamers Meeting — Fog—Navigation Rules — Duty— Negligence. Under article 19 of the navigation rules (30 Stats, at L. 101), providing that when two steamers are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other, the position of the vessels does not necessarily determine the question of negligence, in view of article 29 (30 Id. 102), providing that nothing in the rules shall exonerate a vessel from the neglect of any precaution required by the ordinary practice of seamen or by special circumstances; since the circumstances may require both to come to a stop until positions are determined.</p> <p>Same — Negligence—Question eor Jury. Upon a collision by two steamers in a dense fog, the negligence of a master in not bringing his ship to a stop as was done by the other master, until positions could be determined, is for the jury, where his ship was making a turn which rendered it difficult for the other master to determine her position and intended course, and the signals indicated that the vessels were getting closer, and they could not be seen further than thirty or forty feet.</p> <p>Same — Contributory Negligence — Failure to Provide Lookout —Question tor Jury. The failure of the master of a steamer to have a lookout upon the bow, as required by navigation rules, art. 29 (30 Stat. at L. 102), while he was entering a harbor in a dense fog, will not preclude a recovery for a collision through the negligence of another vessel, where there was evidence that the accident would not have been avoided thereby, because the master saw the other vessel as soon as a lookout could, if one had been provided; since the question was for the jury.</p>