other shall keep out of the way of the overtaken ship." The rules for the Great Lakes provide that, "notwithstanding anything contained in these rules, every vessel overtaking any other shall keep out of the way."?

In all cases where a vessel is being overtaken it is her duty to hold her course, if in such proximity to the other that there is danger of collision liable to follow any change of course. Where the leading vessel changes her course so suddenly that the one following has not sufficient time to adapt her movements to the changed situation, she is liable in damages. The duty of the leading vessel to continue its course, and at night to indicate its position by displaying the statutory signals, is as positively prescribed by statute as is the duty of the one following to keep out of the way. The general rule is that the overtaking vessel must keep out of the way, and the burden of proof rests upon her to show why she is not liable for the damages arising from a failure to do so."

126 Stat. at L. 442, art. 20; The Commodore Jones, 25 Fed. R. 509; The Narragansett, 10 Blatch. 475, 477; The W. H. Clark, 5 Biss. 295. 2 Rules governing the navigation of the Great Lakes, rule 22.

3 The Grace G. Miller, 7 Wall. 196.

4 The Morning Light, 2 Wall. 550. 5 Sampson v. Spreckles, 8 Saw. (U. S.) 229; The Peter Ritter, 14 Fed. R. 173; The Nellie D., 5 Blatch. 245; The Leo, 34 Fed. R. 140; Whitridge v. Dill, 23 How. 448; Forsyth v. The Schooner George A. Brandreth, 3 Fed. R. 414.

The law requiring a sailing-vessel to exhibit a lighted torch upon the approach of a steamship implies that the display of such torch will aid in preventing a collision; and the failure to exhibit such

torch must be regarded as a contributory fault in all instances except where it is clearly shown that owing to the attending circumstances it could have had no effect upon the result. The Pennsylvania, 12 Fed. R. 914.

Where one vessel is following another on the same tack she is bound to know that the one ahead is obliged to come about on running out her course, and to know about the time and place the maneuver must take place, and to take timely means to permit this movement to be made. The Nellie D., 5 Blatch. 245.

Where two vessels were sailing on courses slightly differing, one gradually overhauling the other, the two embarrassed by a third, it was held to be the duty of the one

Sec. 62. Crossing courses.- Where sailing-vessels are crossing each other's course in opposite directions, and there is the least doubt of their going clear, the one on the starboard tack should hold her course and the other take such measures as may be necessary to avoid her.' Where they are crossing on converging courses, the one having the other on the starboard hand is bound to get out of the way. Where the one on the port tack of two vessels meeting going in opposite directions fails to fall off or avoid the one whose duty it is to maintain her course, and collision is imminent, the vessel holding her course is justified in adopting any measures necessary to lessen the shock if it cannot be entirely avoided. The duties of vessels sailing on cross-courses to observe the rules governing their conduct begin at the time that necessity for precaution begins, and the duty to observe them continues so long as to windward to keep watch of the viding line in determining whether others and to tack in time to keep the vessels are crossing or overtakout of the way of the one to lee- ing; if bearing less than two points

ward.

Fed. R. 506.
The Commodore Jones, 25

aft of the beam, when the need of precaution begins, they are cross

Where two schooners were beat- ing vessels, under this rule. The

ing up the coast, one following the Aurania, 29 Fed. R. 98. other, the rear one gaining slightly

An overtaking vessel is one com

on the other, the leading vessel went ing up astern of the proper range about, and immediately afterwards of the leading vessel's colored sidethe one following attempted to do lights more than two points abaft So but mis-stayed, and gathering the beam. The State of Alabama, stern way got under the bow of the 17 Fed. R. 847. leading vessel and was struck by

her.

She had mis-stayed once be

fore that morning. It was held

that

fault

the collision was due to the

of the rear vessel, in tacking

1 St. John v. Paine, 10 How. 579,

581.

2 The Aurania, 29 Fed. R. 98.

3 The Eliza Potter, 31 Fed. R. 687. Vessels converging three points

so close to the other, knowing her and differing in speed more than

Bennett, 42 Fed. R. 336.

ing vessels, and the one having the

Where vessels are sailing on con- other on the starboard hand is verging courses, the range of the bound to keep out of the way. colored lights (i. e., two points abaft The Aurania, 29 Fed. R. 98. the beam) may be taken as the di

the means and opportunity to avoid danger continue. The obligation to observe the sailing rules does not apply to vessels when at so great a distance from each other that means of precaution are not required, and they do not continue when vessels are so near together that collision is inevitable.' The law imposes upon the ship and her owners the duty of having only competent and careful navigators in charge of her, and the owner is responsible and the ship liable for damages resulting not only from want of care and attention on the part of those in charge, but also for the want of proper knowledge and skill to enable them to manage her according to established nautical rules; and an error of judgment will be no defense if it is a result of incompetency and inability to do whatever good seamanship would require.' An error in extremis, however, on the part of a vessel's officers not otherwise at fault is not such an error as will render the vessel liable.3

Sec. 63. Sailing-vessels disabled.-Where two sailingvessels are approaching, one in a crippled condition and the other not, it is the duty of the latter to give way, if possible, to the one disabled, whose duty it is to make known her condition as soon as the approach of the other is observed; especially is this true if the disabled vessel is upon a course requiring her to make way for the one approaching. A disabled ship must, however, execute any practicable maneuver to avoid a vessel having the right of way, and to apprise her of her condition, and failing to do this she cannot recover from a vessel colliding with her, not otherwise at fault, and in ignorance of her unmanageable condition.5

1 The Dexter, 23 Wall. 69.

In navigating in the night-time and in plenty of sea-room, the obligation upon a vessel to keep her course arises at the time when the lights of the other are seen or ought to be seen by a proper look out. McWilliams v. The Vim, 12 Fed. R. 906.

2 St. John v. Paine, 10 How. 559. 3 The F. W. Gifford, 7 Biss. 249. 4 Thorp v. Hammond, 42 How. (N. Y.) Pr. 314; Wilson v. Canada Shipping Co., 2 L. R. App. 384; The Lake St. Clair v. The Underwriters, 36 L. T. (N. S.) 155.

5 Where it is shown that the injured vessel was "in stays" at the

Sec. 64. In stays. A sailing vessel "in stays" is in the condition of a vessel at rest, and approaching vessels are bound to observe its helpless condition and take timely measures for its avoidance. An approaching ship has no right to anticipate the movements of a vessel in this condition, nor speculate upon the chances of her coming completely about and getting under way before there is danger of collision from a near approach. The fact being shown that she is in stays, the burden of proof is upon the colliding ship to show that it was not at fault.1

CHAPTER VI.

COLLISIONS BETWEEN STEAM-VESSELS.

Sec. 65. Where two steamers meet end on.-The international rules of 1890 provide that "where two steam-vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other. This article only applies to cases where vessels are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep on their respective courses, pass clear of each other.

"The only cases to which it does apply are where each of the two vessels is end on, or nearly end on, to the other. In other words, to cases in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own, and by night, to cases in which each vessel is in such a position as to see both the side-lights of the other.

"It does not apply, by day, to cases in which a vessel sees another ahead crossing her own course, or, by night, to cases where the red light of one vessel is opposed to the red light of the other, or where the green light of one vessel is opposed to the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead." 1 The international rule of 1885 is substantially the same. The rules for the Great Lakes provide that "when two steam-vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard so as that each shall pass on the port side of the other."

126 U. S. Stat. at L. 320, art. 18. 223 U. S. Stat. at L. 441, art. 15.

Rules for the navigation of the Great Lakes, rule 17; The Clifton,