should for 10 minutes not see a light ahead, if it were such a light as the regulations require, and not obscured. In many similar cases it has been held that when several persons on watch, apparently attentive to their duties, can see no light during such a considerable period, when it ought to be seen, the defect will be ascribed to the other vessel, even when the precise rE-ason why the light is not seen does not appear. The Narragansett, 20 Blatchf. 87;1 The Royal Arch, 22 Fed. Rep. 4.57; The Alaska, Id. 548, 551; The Sam WeUer, 5 Ben. 293; The Wesifield, 38 Fed. Rep. 366; The Drew, 35 Fed. Rep. 789. Still more, when there are circumstances such as exist in this' case, viz., the lights being set far aft, and low down, and the vessel listing to starboard, that might cause the lights to be obscured. The Johanne Augu.ste, 21 Fed. Rep. 134, 140; The Tirzah, 4 Prob. Div.· 33; The ('.aro, 23 Fed. Rep. 734. As the bark was coming head on, and was projected against a black horizon, I cannot find that there was negligence in not seeing her earlier. The Gustav, Holt, Rule Road, 34. Their combined speed was probably at least 12 knots, so that their approach was over 1,200 feet per minute. The steamer did all that was possible to avoid the bark from the time she was visible, so that she is free from blame. Porting her helm at last was the proper maneuver to sdng her stern to port. Had the bark herself starboarded after the steamer's red light was shut out, and when the steamer was known to be sheering to port, no doubt the collision would have been avoided. Libel dismissed, with costs.
et al. v.
F. & P. M. No.2.
(Df.strict Oourt, E. D. Wisconsin.
OoLuSIOlf-BETWEEN STEAMERS-BEND IN RIVER-DUTY OJ' AsCENDING BOAT.
Where an ascending propeller, while approaching a narrow and dangerous bend in the Manistee river, receives notice that a steamer is entering the bend froql above, it should wait until the other has descended, and it it attempts to pass in , the bend, and a collision occurs, it will be held iu fault.
In Admiralty. T. J. Ramsdell and Shepard, Haring &: Frost, for libelants.· Mr. Kremer and Mr. Hoyt, for respondent. JENKINS, J. On the forenoon of the 19th day of October, 1887,the steamrbarge James H. Shrigley, and the propeller F. & P. M. No.2, collided in the Manistee riv6r, and the question of the fault of such collision, if fault there was, is the subject of inqujry hl3re. Manistee river is an outlet for the waters of Manistee lake, and, at a. distance of two miles therefrom by the course of the river, empties into Lake Michigan. .At It. distance of one-half to three-fifths of a mile from its I;Uouththere is an
lllll'ed. Rep. 918.
tI. ,THE 1". &1",
aQruptbeod,in tberivarto the north, ofabout 45 degrees from south.westerly direction. To the north ofthe ,bend the landis level fO'ra disfartooof70' feet, thenctnising, within a further die;tance of 100' feet, to an elevation of some 70 or 80 feet.' "There sartd-hills obstruct the view.so that steamers approacihing enchother from' opposite directions have oreach other fOl'the full'lftistance of half a mile; but, within a distance of perhaps 1.500'00 2,000 the spars oftheapproaching steamer may be seen by the other, the hull of the one being visible to 'the when within a few hundred feet. The life-sll,ving station is located upon the north bank of river, .about 1,000 feet below the knuckle of the bend, and above the bend, and upon the same bank, and within a dis· tance ofl,400'feet therefrom, are ,several docks. On the south bank of the river, and just below the bend, are, Canfield and Wheeler's dock and salt shed, and from thence a boom extends up the river, 1,000 feet or more. A shoal puts out from the north bank around the knuckle. of the bend for a distance of 60 feet into the river. There is also low water outside ·of the boom line for a distance of 15 to 20 feet, so that the avail. able channel around the bend for vessels drawing 10 feet of water, or over, is quite narrow.-not over 80 feet in width. The deeper water is found atthe south side of the channel, whet'e it is some 12 feet in depth. Below the bend the river is 200 feet in width, with a depth of water at the docks of 18 feet. The cutiEmt of the river varies in its rapidity with the seasons of the year. At the time of the collision itwas between two and three miles an hour. The Shrigley Wll,S a vessel of 388 tons burden, 175 feet in length overall, a,nd drawing 10 feet forward and 11 feet 6 inches aft. The No.2 was a vessel of 6.58 tons, 190 fef\tin length over all, and drawing between 3 and 4 feet of water forward, and 10 feet 8 inches at the middle, and 10 feet aft. There were at this time three vessels lying ht the dock on the north side, below the bend, and one at the salt dock on the south side. The vessels met in the bend. and there collided. Before either vessel had reached the bend, the Shrigley, descending the river, and while above the boom, gave two blasts, indicating her desire to pass on the south side of the river. The F. & P. M. No.2, below the bend, and near the life-saving station, answered with a signal of one blast. whereupon the Shrigley repeated her signal, and the No.2 answered with two blasts, assenting. It is not necessary to go into particulars in regard to the collision itself, except to say that the F. & P. M. No.2 at· tempted to pass the Shrigley in the bend. passing to the north side of the river. Seeing a collision inevitable, the master of the F. & P. M. No.2 backed his engine, the bow of his boat swung to starboard, and came into collision with the Shrigley. Rule 5 of pilot rules for lakes and sea-board provides: "Whenever a steamer is nearing a short bend or curve in the channel, where, from the height of the banks, or some other cause, a steamer approaching from the opposite direction cannot be Been for a distance of hll1f a mile, the pilot of such stl'amer. when he shall have arrived within half a mile of Buch curve or bend, shall give a Signal by one long blast of the steam-whistle, which signal shall be answered by a similar blast, gi ven by the pilot of any approaching steamer that may be within hearing. Slluuld such signal lJe so
answered by a steamer upon the further side of such bend, then the usual slg. nals for meeting and passing shall immediately be given and answered; but, if the first alarm signal of such pilot be not answered, he is to consider the channel clear, and govern himself accordingly." There is no charge or proof here, either in the libel, answer, or evi. dence, of failure by either vessel to have timely given this signal. The court is bound to assume, therefore, that each vessel complied with the regulation. Assuming that the signals were given, each vessel understood that the other was approaching. The F. & P. M. No.2, being the ascending vessel, was bound, if necessary, to stop, and avoid the descending vessel, as her movements could be controlled with less difficulty than those of the descending steamer. The Galatea, 92 U. S. 439. It was perhaps possible, under favorable circumstances, for two vessels to have .passed each other in the bend, but it was hazardous. It was negligence unnecessarily to make the attempt, each vessel having timely warning of the other's approach. Prudence dictates that the ascending vessel should stop and place herself out of the strength of the current, by force of the current, permitting the descending vessel, carried full swing around the bend. Even upon the assumption that the signal required by rule 5 was not given, it satisfactorily appears· from the evidence that the F. & P. M. No.2, upon receiving the first signal of two blasts from the Shrigley, could have safely stopped, and should have stopped. She should not have incurred the unnecessary hazard of collision in the difficult passage of the bend. In this she was negligent. She was then 1,000 feet below the bend. There was sufficient opportunity to avoid all danger of collision. Proceeding in the face of a known danger, she negligently placed herself in a position where she was likely to inflict injury, and should respond for the consequences of her negligence. A decree will be entered for the libelant.
THE F. " P. M.
, THE F. & P. M. No.2.
at 11. THE F.
& P. M. No.2.
(District Oourt, E. D. Wisconsin. January 8,1891.)
COLLISION BETWEEN STEAMER. STEAM-VESSELS BEND IN RIVER DuTY OJ!' DESCENDING
An ascending propeller, when approaching a dangerous bend near the mouth of the Manistee river, gave the signal required in such case by rule Ii of pilot rules for lakes and sea-board, and, receiving no answer, proceeded. A descending steamer failed to give the signal, and there was evidence that the signal from below was not heard by ber officers. When still 1,000 feet above the bend, she was notified by another that the propeller was coming up the bend, but proceeded on her course, and' shortly afterwards signaled that she desired to pass on the south side, wp.ich was promptly answered by assenting At this time tbe propeller had entered so far into the bend that it would have been dangerous to retire, and, proceeding, a collision occurred. Held, that the descending steamer was in fault.
flAME-INTERPRETATION OJ!' SIGNALS.
The assentin!!: signal of the propeller could not be regarded as an invitation to proceed, since It was required by the rules, and was merely an indication that the steamel'ts desire to pass on the south side of the river was known and acquiesced in.
In Admiralty. Mr. Krause, for libelants. A. J. Dovel and F. M. Hoyt, for claimant. JENKINS, J. This cause involves an inquiry touching a collision between the propellers Joys and F. & P. M. No.2, in the afternoon of the 17th October, 1888, in the Manistee river. The locus in quo of the collision was the same as in Canfield v. The F. &. P. M. No.2, ante, 698, (herewith decided,) and is sufficiently described in the opinion filed in that cause. The F. & P. M. No.2 upon entering the river sounded the signal required by rule 5, stated at length in the opinion in the Canfield Caae, supra, and, receiving no response, proceeded on her course. The Joys, descending the river, failed to give the signal required by rule 5. When at a point above Brook's mill, andover 1,000 feet 'above the bend, she was notified by the tug Canfield that the F. & P. M. No.2 was coming up into the bend. The master of the Joys responded: "I will give them a wide berth," and, as he states, checked the Joys down, "thinking the black boat would pass the bend before I got there, I was so far away; that was my idea at the time." Shortly or immediately after, the Joys sounded two blasts of her whistle, receiving prompt and assenting answer from the F. & P. M. No.2, then opposite the Canfield salt-sheds, at the foot of the bend. There was a pile-driver lying at the upper end of the Canfield salt-shed, crossways in the river, the stern extending about 75 feet beyond the dock line. The Joys waS some 600 feet above the bend, about opposite Kitzinger's dock, when she first sighted the F. & P. M. No.2. Both vessels proceeded, the Joys hugging the south side of the channel so nearly as she could. The F. & P. M. No.2 kept close to the north bank, "smelt the shoal water," and be,.