Collision

The act of ships or vessels striking together, or of one vessel running against or foul of another. It may happen without fault, no blame being Imputable to those in charge of either vessel. In such case, In the English, American, and French courts, each party must bear his own loss; Pardessus, Droit Cumin, p.

4, t. 2, c. 2, § 4; General Mutual Ins. Co. v. Sherwood, 14 How. (l.\ S.) 352, 14 L. Ed. 452; 1 Pars. Sh. & Adm. 525.

A collision by inevitable accident is when a collision is caused exclusively by natural causes, without any fault on the part of the owners or those in charge; The Sea Gull, 23 Wall. (U. S.) 169, 23 L. Ed. 90; Killam v. Eri, 3 Cliff. 456, led. ('as. No. 7.7G5; Sampson v. U. S., 12 Ct. CI. 4S0. It must appear that neither vessel was in fault; Sterling v. The Jennie Cushman, 3 Cliff. G3G, Fed. Cas. No. 13,375. Where the captain and crew, except the second mate, were taken sick, and a collision occurred, through the absence of a lookout, it was held to be inevitable accident; The Southern Home, 8 Reporter 3S9, Fed. Cas. No. 13,187. See also The F. W. Gifford, 7 Biss. 249, Fed. Cas. No. 5,166. It may happen by mutual fault, that is, by the misconduct, fault, or negligence of those in charge of both vessels; The C. R. Stone, 49 Fed. 475; The Brinton, 50 Fed. 5S1; The T. B. Van Houten, 50 Fed. 590; The Riversdale, 53 Fed. 2S6; The Allen Green, 60 Fed. 459, 9 C. C. A. 73. In such case, neither party has relief at common law; 3 Kent 231; 3 C. & P. 528; Barnes v. Cole, 21 Wend. (N. Y.) 1S8; Hartfield v. Roper, 21 Wend. (N. Y.) 615, 34 Am. Dec. 273; Brown v. Maxwell, 6 Hill (N. Y.) 592, 41 Am. Dec. 771; Parker v. Adams, 12 Mete. (Mass.) 415, 46 Am. Dec. 694 (though now otherwise in England by the Judicature Act 1S73); but the maritime courts aggregate the damages to both vessels and their cargoes, and then divide the same equally between the two vessels; 3 Kent 232; The Teutonia, 23 Wall. (U. S.) 84, 23 L. Ed. 44; The Clara, 49 Fed. 765; The State of California, 49 Fed. 172, 1 C. C. A. 224; The Bolivia, 49 Fed. 169, 1 C. C. A. 221; Fristad v. The Premier, 51 Fed. 766; The Marion, 56 Fed. 271; The Manitoba, 122 U. S. 97, 7 Sup. Ct. 1158, 30 L. Ed. 1095. See 1 Swab. 00. Where two tugs and two scows in tow by one of them are all in fault, each is liable for an equal share of the damages, even though more than one be owned by the same person; The Eugene F. Moran, 212 U. S. 466, 29 Sup. Ct. 339, 53 L. Ed. 600. Where the collision is by intentional wrong of both parties, the libel will be dismissed; The R. L. Maybey, 4 Blatch. 88, Fed. Cas. No. 11,- 870. It may happen by inscrutable fault, that is, by the fault of those in charge of one or who is in fault. In such <ase the American courts of admiralty and the Eur maritime courts form< rlj ■' i ■] the rule of an equal division of the damage; The Comet, 1 Abb. I No. 3,050; The Scioto, 2 Wai 360, Fed. Cas. No. 12,508; I Mar. Law, L".)<;.

The English com I a remedy in admiralty; 2 Hagg. Adm. 145; 6 Thornt.

240; and see The K 128, Fed. Cas. No. 7,600; but it has decided by a vast preponderance of authority that there can be no recovery or partial recovery unless fault be affirmatively shown; The Jumna, 149 Fed. 173, 79 C. C. A. 119, following The Clara, 102 U. S. 200, 26 L. Ed. 115; The Sunnyside, 91 U. S. 208, s.; L. Ed. 302. It may happen by the fault of those belonging to one of the colliding vessels, without any fault being imputable to the vessel. In such case the owners of the vessel iu fault must bear the damage which their own vessel has sustained, and are liable as well as their master to a claim for compensation from the owners of the other vessel for the damage done to her; 1 Swab. 23.

173, 200,211; 3 W. Rob. 2S3; The Narragansett, I Blatchf. 211, Fed. Cas. No. 10.017; Vantine v. The Lake, 2 Wall. Jr. 52, Fed. Cas. No. 16,S7S; Smith v. Condry, 1 How. (U. S.) 2S,