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Article 14 applies to two ships under steam, each crossing the path of the other, so as to involve risk of collision.
So long as the courses of the two ships cross, one of the ships will always have her red light exposed to the green light of the other—one is always to the left of the other. And this Article requires the one to the left to “keep out of the way of the other."
So long as like is exposed to like-i. e., the green light of one ship is exposed to the green light of the other, or the red light of the one ship is exposed to the red light of the other-the ships are " passing ships," and there is no danger of collision.
If each ship sees the red and green lights of the other, they are " meeting end on, or nearly end on."
So long as a green light is exposed to a red light, the ships must be “crossing ships," and collision is almost inevitable, unless the one to the left keeps out of the way.
In the issue of the 24th March, a writer (“ R. E. Hooppell”) suggests, that the simple revision required is the leaving out from the rules the words “ or nearly end on," as being ambiguous and misleading.
This suggestion was approved by “ Bynd Giraud,” in the same journal.
Troo sailing ships crossing. Rule 12. When two sailing ships are crossing, so as to involve risk of collision, if they have the wind on different sides, the ship with the wind on the port side must keep out of the way of the ship with the wind on the starboard side, except when the ship with the wind on the port side is close-hauled, and the other ship free, in which case the latter ship must keep out of the way. But if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward must keep out of the way of the ship which is to leeward. Article 12 of British Regulations.
Cited and applied in Dean 0. Mark; The “ Constitution,” 2 Moore's Prioy Council Rep., (N. S.,) 453 ; 10 Jurist, 831 ; 10 Lar Times Rep., (N. 8.,) 894.
Two ships under steam crossing.
Rule 14.' If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side must keep out of the way of the other.
· Article 14 of British Regulations. Article 13 is superseded by Rule 11.
? The words "shall starboard and stop, and reverse if necessary," have been proposed to be substituted for “shall keep out of the way of the other." Jenkins' Rule of the Road at Sea, p. 73.
Sailing ship and ship under steam.
Rule 15. If two ships, one of which is a sailing ship, and the other a steamer, are proceeding in such direetions as to involve risk of collision, the steamer must keep out of the way of the sailing ship.
Article 15 of British Regulations.
It has been proposed to substitute the following in place of this rule: " A steamsbip shall keep out of the way of a sailing ship." Jenkins' Rule of the Road at Sea, p. 73.
The American rule permits a steamer to go either to the right or the left of a sailing ship, which has the wind free. The Osprey, Sprague's Decisions, 245 ; Steamer Oregon o. Rocca, 18 Howard's U. S. Supreme Ct. Rep., 570.
The English statute rule requires her to go to the right. 17 & 18 Vict., c. 104, S 296.
The principle upon which the steamship is liable, even though the sail. ing ship is culpable, is laid down in Inman o. Reck; The City of Antwerp, and The Friedrich, 37 Law Jour. Adm., 25; 2 Law Rep., P. C., 25.
Ships under steam to slacken speed.
Rule 16. Every steamer, when approaching another ship, so as to involve risk of collision, must slacken her speed, or, if necessary, stop and reverse, and, every steamer, when in a fog, must go at a moderate rate of speed. Article 16 of British Regulations.
Alterations proposed omit all but the last clause. Jenkins' Rule of the Road at Sea, p. 73.
Ships overtaking other ships.
Rule 17. Every ship overtaking another, must keep out of her way. From Article 17 of British Regulations, Construction of preceding rules.
Rule 18. Where, by the rules of navigation contained in this Code, one of two ships is to keep out of the way, the other shall keep her course, subject to the qualifications contained in the next rule.
Article 18 of British Regulations.
Proviso to save special cases. Rule 19. In applying the rules of navigation contained in this Code, due regard must be had to all dangers of navigation, and to any special circumstances which may exist in a particular case, rendering a departure from the rules necessary, in order to avoid immediate danger.
If a ship bound to keep her course under the 18th sailing rule of 1863, justifies her departure from that rule under the 19th rule, she takes upon herself the obligation of showing not only that her departure was, at the time it took place, necessary, in order to avoid immediate danger, but also that the course adopted by her was reasonably calculated to avoid that danger. The Agra and Elizabeth Jenkins, Law Rep., 1 P. C., 501; citing Holt, Rule of the Road, p. 101 ; The George Dean 0. The Constitution, Admiralty Court, 1 Feb., 1865; the Planet o. The Aura, Admiralty Court, 7 Dec., 1865.
A departure from a rule or usage is not only justified when a compliance would be dangerous from special circumstances, but becomes a positive duty when such compliance would endanger or injure another vessel, and then a compliance with the rule or usage would be no excuse. Allen o. Mackay, Sprague's Decisions, 219; The Vanderbilt, Abbott's Adm. Rep., 361; The Friends, 1 W. Robinson's Rep., 478; The Commerce, 3 Id., 287; The Steamer Oregon o. Rocca, 18 Horard's U.S. Sup. Ct. Rep., 572 ; Crockett e. Newtown, Id., 583; 2 Parsons on Contracts, 313.
No ship under any circumstances to neglect proper precautions.
Rule 20. Nothing in the rules of navigation contained in this Code shall exonerate any ship, or the owner, master, or crew thereof, from the consequences of any neglect to carry lights or signals, or to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
Alterations proposed (Jenkins Rule of the Road at Sea, p. 74,) omit this and the two preceding rules, and substitute the following: “Every steamship must carry a compass on the bridge.”
Duty of succor.
378. It is the duty of all persons on the high seas to render assistance to ships or persons in distress,
whether from collision or otherwise, so far as it can be done with reasonable safety to themselves.
The Germania, 21 Law Times Rep., (N. S.,) 44. By 25 & 26 Vict., c. 63, s. 33, in case of collision between two ships, it is the duty of “the person in charge ” of each ship to render assistance to the other; and, in case he fails to do so, without reasonable excuse, the collision shall, in absence of proof to the contrary, be deemed to have been caused by his wrongful act.
This principle was applied in The Queen of the Orwell, 7 Law Times, (N. S.,) 839; 11 Weekly Rep., 499.
The “ person in charge,” intended by that section, is the master. The Queen ; The Lord John Russell, Law Rep., 2 Adm. & Ecc., 354.
These rules are chiefly from the Civil Code, reported for New York, p 115, and the German General Mercantile Law. For a discussion on the liability for collision at sea, see The Transactions of the British National Association for Promotion of Social Science, 1859, p. 216.
ARTICLE 379. Loss, how apportioned.
380. Faults of navigation.
383a. Colliding ships to help each other. Loss, how apportioned.
379, Losses caused to ship, freight,' or freightage, by any collision of two or more ships, are to be borne as follows:
1. If either party was exclusively in fault, he must bear his own loss, and compensate the other for any loss he has sustained ;'.
2. If either was in fault, the loss must be borne by him on whom it falls : '
3. If both were in fault, the loss is to be equally divided, unless it appears that there was a great disparity in fault, in which case the loss must be equitably apportioned ; or, unless it appears that both parties
were willfully in fault, in which case the loss must be borne by him on whom it falls ;'or,
4. If it cannot be ascertained where the fault lies, the loss must be equally divided.
i The Narragansett, Oicott, 246 ; Allen o. Mackay, Sprague's Decisions, 219. The word “freight” is used to designate whatever is borne, as most likely to avoid the use of the same word in two seases, freight being in frequent use for the thing carried, as well as for the price of car. riage.
? These are applicable, whether one or both of the ships are sailing, drifting, anchored, or fastened to the shore. German Mercantile Lau, s 738.
• The owner of a vessel solely in fault is answerable for damages caused by a second vessel being driven by the collision against a third. Germ. Merc. Lau, $ 741.
* The Scioto, Daveis' Rep., 359; The Woodrop-Sims, 2 Dods., 83; The Sappho, 9 Jurist, 560; Reeves 0. The Constitution, Gilpin's Rep., 579. Where repairs are practicable, the damages awarded must be sufficient to restore the injured vessel to the condition in which she was before the collision, without any deduction from new for old. The Baltimore, 8 Wallace's U. 8. Sup. Ct. Rep., 377.
5 The Woodrop-Sims, supra; Stain back v. Rae, 14 Howard's U. S. Sup. Cl. Rep., 532; The Itinerant, 2 W. Robinson's Rep., 236; The Celt, 3 Hlag. yard's Adm., 328, note. An inevitable accident is defined in The Virgil, ? Robinson's Rep., 201), to be, “that which the party charged with the " offense could not possibly prevent by the exercise of ordinary care,cau* tion, and maritime skill." The Uhla, 19 Law Times Rep., (N. S.,) 89.
This is the rule in admiralty courts. Cushing o. The John Fraser, 21 Howard's U. S. Sup. Ct. Rep., 184; Rogers 0. The St. Charles, 19 Id., 108 ; The Catherine o. Dickinson, 17 Id., 177 ; Vaux v. Sheffer, 8 Moore': Privy Council Rep., 75. It is otherwise at common law. Dorrell v. Gen. St. X. (0., 5 Ellis d Blackburn's Rep., 195 ; Gen. St. N. Co. o. Mann, 14 Common Bench Rep., 127. See Barues o. Cole; 21 Wendell's (New York) Rep., 188.
In this case, the court will not interfere in favor of either party. Stargis o. Clough, 21 Howard's U. S. Sup. Ct. Rep., 451.
The Scioto, Daveis' Rep., 359; The Catherine of Dover, 2 Haggard's Adm., 145; Lucas v. The Swann, 6 McLean's U. S. Circ. Ct. Rep., 282 ; The Nautilus, Ware's Rep., 529.
Faults of navigation.
380. Collisions caused by the want of compliance, on the part of any ship, with the rules of Chapter XXXII., on NAVIGATION, whatever may be the excuse
or such want of compliance,' and collisions to which a ship not lawfully engaged in navigation is a party,'