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E p i Ghe Marine Record. MARITIME LAW. United States District Court, Northern Dis- trict of Michigan. RULES OF THE ROAD—COLLISION OF SCHOON- ER WITH BARGE IN TOW OF STEAMER— SCHOONER BOUND TO LOOKOUT FOR HER- SELF—SCHOONER CAST ADRIFT BY TUG— EXPERT TESTIMONY RELATIVE TO ARTICLE 24,—IMPORTANT QUALIFICATIONS RELA- TIVE TO A STEAMER WITH A LONG TOW. In admiralty. A propeller with five barges in tow bound down Lake Huron upon a course nearly south met a schooner bound up the lake with afree wind upon an opposite course. The schooner passed the propeles upon the port hand at a safe distance, but instead of keep- ing off as she might have done, suddenly put her helm hard down and endeavored to cut across the tow between the fourth and fifth barges. Held, that the schooner was solety in tault. Where a schooner, sailing with a free wind, meets a propeller encumbered with a long tow, the duty of avoiding a collision does not devolve wholly upon the propeller. The schooner is also bound to look out for her- self and take such p.ecautions as the circum- atances seem to require, This was a libel for collision between the barge Saginaw, thén ir tow of the propeller Missouri, and the schooner Marion W.(Page, which occurred in Lake Huron off Lexing- tonfat about seven o’clock in the morning of October 20th, 1886. The libel averred in substance that the ba rue was the fourth ofa tow of five vessels in tow of the propeller Missouri and bonnd down the lake ona course nearly south. That the schooner Page bound up the lake ona parallel op- posite course _with af free wind _upproached as if to pass on the po port ; side, put after she had passed the Missouri, and when a short distance ahead of the Saginaw, she suddenly swung, as if under a starboard wheel, di- rectly across the tow and struck the Saginaw, upon her port bow not far from the stem. The answer of the Missouri did not differ essentially from the libel in its statement of facts, but denied all the allega- tions of fault made ‘against the propeller. The answer of the schooner Marion W., Page averred that she, together with the schoon- érs John Kelderhoase, Newsbov and Arthur oore, an e, and had | shaped het her course north by est up the lake with a free wind. That at half past six in the pies the Mis- had d just be been cast off by the tug William A. barge of the Missouri’s tow, when | was ported sufficiently to clear the stern of this barge. After this had been done her wheel was put to starboard and the man on the third barge was called to to let go the line zo the fourth barge. This, however, was mot done and before the Page could swing sufficiently to clear the tow line she struck, and the fourth barge, which proved to be the Saginaw, came on without apparent change of course, struck the Page a heavy blow on her starboard side between the fore and main rigging, opening up her own bows and leaving her port anchor hanging on the Page’s rail. From the time the Misscuri and her tow were first sighted and until after they crossed the Page’s bow, the latter was kept steadily on her course without vari- -ance, and after the Missouri bad crossed the ‘Page’s course the time and distance were too short for the latter to avoid a collision with one or more barges in the Missouri’s tow.’? The court was assisted upon the the argument by Commander Elmer, U. 8S. N., and Captain Thomas Hackett, nautical assessors. Messrs. Moore & Canfield for the libel- ants. Mr. souri. Messrs. C. E. Cramer and H. H. Swan for the Marion W. lage. Brown, J. We have found no difficulty, in}disposing of this case. The answer of the Page sets up an improbable state of facts and the testi, mony discloses quite a diflerent, but an equally improbable defense, viz., that the tow was pursuing a couth-westerly course down the Jake and 60 much across the course of the Page that the latter was un- able, even with a free wind to avoid coming into collision with the tow. Had this been the case we are by no means certain that we should have exonerated the schooner from fault. While the general rule is unques- tioned that a steamer having vessels in tow is to be considered asasteam vessel and pound to keep out of the way of asailing vessel, this rule is subject to important quali_ fications, and in fact is of little value where a propeller having four or five barges in tow meets a number of sailing vessels pursuing a different course with a free wind. In such case it is clear the sailing vessels are much better able to control their movements than the steamer, and it is but just that the duty of avoiding acollision should not rest wholly J. W. Finney, for the propeller Mis- upon the latter. Such a case would seem to be an exceptional one and falling within the 24th rule of special cirzumstances, | rendering a departure from the general rules necessary in order to avoid immediate dan- ger. The Kingston by Sea. 3 W. Rob. 162. The La Plata Swabey 220. The Arthur Gordon Lush 270. The American Syrie L. R. 4 Ad. v Ec. 226. But in this case we are} entirely satisfied that the tow was upon the Clair river. It is true there is a great deal ot conflicting testimony upon this point, and we cannot undertake to explain or reconcile the testimony of the different witoesses. Aside from the general rule that the wit- nessés upon a particular ship are to be be- lieved with regard to her course and manea- vers in preference to an equal rutmber of witnesses upon another ship testifying from appearance there is astrong probability that asteamer bound from one point to another will take the usual and shortest cour-e be- tween the two points, and in the absence of ashowing of some good reason for a de- parture from the usual course, such as stress of weather, we feel ourselves safe in assim- ng that the usual course would be pursued. |The Alberta 23 Fed. Rep. 807. Now, the uni- St. Clair river is south half east or south by east, depending somewhat upon the d eflee when witnesses, who are not upon the tow, take the stand aud testify that the course of the tow was south west we havea very plain answer to their testimony. We simply do not believe them. It is utterly incredible to us that this tow, not having been driven easterly towards the center of Lake Huron by any stress of weather, and there being nothing to show that she had gotten off her proper course from Point aux Barques to Port Huron, should be sailing south south- west as she approached Lexington. Such a course would have carried her ashore in a very short time. We think then that we are bound to assume that the general course of this tow from the time she left Sand Beach until the Page hove in sight was sonth by east, and that the real question here is, what was the obligation of the M’ssouri when she made these four vessels? The testimony in- dicated that she first made them at a dis- tance of seven or eight iniles, too far off to render it incumbent upon her to take any steps to keep out of their way. After they had approached within two or three miles of eacb other two of these vessels appeared upon the port and two upon the oe ‘self acros s the bows of the two vessels upon s starboard hand, but would endanger his running ashore. It was almost equally im- possible for him to starboard without en- dangering a collision between his tow and the two vessels upon his. port hand. He judged, and we think correctly, that as there was an opening between the vessels, his better plan was tc port slightly and go be- tween them. The two vessels upon his star board band kept their course and passed be- tween him and the shore, The Kelderhouse instead of porting, as the master of the Ms- souri supposed she was going to do, star- boarded and acting upon that hint the Mis- souri also starboarded a little and en- deavored to make her way between the Kelderhouse and the Page. Now, we think under these circumstances, the Page should have acted upon this intimation, and while she was not bound to make any decided change in her course, she was bound to consider the fact that the tug was coming down with a tow half a mile long, and should have looked out for her= self to a certain extent and kept away from the tow, as with » free wind she might easily have done. We think if she had used ordinary care she might easily have avvided the collision, without violating the well setiled rules of navigation, but paying that regard to her own safety, which is obliga- tory upon every vessel meeting another, where any risk of collision is involved. 1. he testimony shows that she passed within 1200 feet of the Missouri. We think it entirely clear that if sbe had kept her course, or if she had kept off, as she might easily have done at that distance, she having a lee way between herself and the Missouri of 1200 feet, she would bave passed the entire tow in safety. he cause of the collision was the fickleness of the Page, or her apparent uncertainty with regard to what she ought todo, If she had fallen off as we think she could have done without difficulty, she would easily have avoided the collision, She appears, however, to havo allowed herself to get closer to the tow than was saf-, and then being in peril, and perhaps in extrem.s she put her helm hard down and attempted to cut across the tow, That was a desperate maneuver, and one which could hardly have fuiled to result in disaster. The only excuse given for it is that the master was afraid that if she jibed she would take the masts out of her, but it is suggested to me by the experi- enced gentleman who have advised me in this case, that if she had dropped her after sails, or the peak of her mainsail, she might very easily have fallen off without jibing, and even if she had jibed, it would not have injured her masts or yards. It seemed to me from the first that there could be but one result to this case, and I see no reason to change my mind in that regard, An order will be entered adjudging the schooner Marion W. Page solely in fault for this collision, and referring it to a commis- sioner to assess the damages. ‘Phe libel as against the propeller Missouri will be dis- missed with costs. usual course of south by east or south half; east from Point aux Barques to the St. | | | t form course from Point aux Barques to the | tion of the compass or state of the wind, and | = CORRUGATED F ALL SIL AND WITH FLANGED = OR ENDS Take 10h ov 23 | Street Ferries | | from New Yor to GREENPOINT.| ah ee BOOB Aaa On ses cr. det 393, 2329208 3353 13535, 3333332 325; Bans 353323033 3999) xx oe WOODED ORR 9505050505 0505950505 5052505 1983335 233 02029 030808080 398989595959 BEERS EEEREER EERE OSEORCE cy JOHN H, D Bess NPAT PA APAPASASAS rERBORATED MA'T CHEEVER . CHEEVER, Treas, ) Dept. Treas.§ No, 308 Chestnut St.. Phila. 203 Nicollet Ave, Cor Wasee and 17th Sts, THE CONTINENTAL IRON WORKS, BROOKLYN, NEW YORK. 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