measures to guard against unlawful entry by other vessels; but where a vessel is moored at a public dock, where others come and go at uncertain and frequent periods, though lawfully there, it may not so wholly rely upon the security of its situation as to be unmindful of danger liable to arise from the passing of vessels seeking berths therein. While the burden of acting is primarily upon the moving vessel, the one at rest is under obligation to render such reasonable assistance as it can to facilitate the other in passing, and to throw out such safeguards as may be necessary to render its own position more secure. The duty of avoiding vessels moored at a dock is upon the one entering; and where the space for passage is doubtful, or the necessities of the situation require any unusual crowding, the vessel at rest should be notified of the intention to pass, and sufficient opportunity given it to render its situation secure. It is negligence per se for a vessel to enter a slip at a high rate of speed where the presence of other vessels may reasonably be expected. The hazardous character of the situation requires an entering vessel to do so with the utmost caution, and to have her movements so well guarded by lines that it cannot do injury to others by sudden or unexpected swinging. A steam-vessel approaching her dock is bound not

out of her slip on a dark night and collided with a sailing-vessel passing the entrance to it; a passing car-float intervened between the ferry-boat and the sailing-vessel, rendering the presence of the latter unknown. The court held the ferry-boat was in fault for starting out at a time when its inability to see beyond the intervening obstruction rendered collision with a vessel beyond possible.

Where a tug with a boat lashed on her port side was slowly approaching a draw-bridge and at a safe distance from it, when it was

caused to sheer by the passing of an overtaking vessel and caused to collide with a canal-boat lying at an adjacent wharf, where it appeared that the tug pursued the usual and customary course, and that the distance from the dock was ordinarily a safe one, the tug was held not bound to anticipate any such occurrence as took place, and it was held that the sole cause of the collision was due to the neg. ligence of the passing vessel. The Mascott, 66 Fed. R. 74.

1 The Shady Side, 17 Blatch. 132. 2 The British Empire, 24 Fed. R.

only to observe the motions of vessels situated therein,' but is bound to observe the motions of vessels emerging from adjoining slips so closely situated to her own proposed place of entry as to render their movements dangerous. Where an entering vessel has approached so near her own slip as to be impeded by it in her own movements, an emerging vessel from the same or an adjoining slip should hold its departure in abeyance until the former has safely entered. Where the emerging vessel has proceeded at such a distance from its slip that it can no longer protect itself or regulate its movements by the usual stay-lines, it becomes the duty of the approaching vessel to keep at such a distance as not to impede the other's progress; and it is bound to observe the effect of wind and tide upon the one emerging, to observe the sufficiency of its steerage-way, and the visible difficulties which render its navigation uncertain or difficult.2

A vessel entering a slip where others are moored is bound to observe the force of wind and current, or other difficulties, by which its landing may be rendered dangerous, and is liable for damages resulting from a lack of prudence in venturing into known or probable danger without sufficient. safeguards to prevent accident. It is the duty of a vessel entering a slip to be provided with lines for checking its movements, and with the usual appliances for the proper operation of the same. An entering vessel is presumed to know of the presence of vessels moored there, and must take all possible precautions to avoid doing them injury.

493; Wilsey v. The Celestial Em- lided with and sank them. pire, 2 Fed. R. 651.

1 The Hackensack, 5 Fed. R. 121. 2 The Rescue, 51 Fed. R. 927.

Held,

that the elevator was liable for venturing in a strong wind to come alongside a vessel, knowing

3 The British Empire, 24 Fed. R. the difficulty with which it could 493.

In the case of The Columbia, 48 Fed. R. 325, a steam elevator having a large surface exposed to the action of the wind, in attempting to move alongside some barges col

be handled, and that for lack of the care and caution a vessel should exercise under such circumstances it was liable.

Where a large river steamer landed at a wharf-boat, and al

Sec. 97. Duty of vessel moored.- A vessel moored in a slip or dock where there is a more or less constant shifting of vessels is bound to use all reasonable means at her command to facilitate the movements of others lawfully moored there, as necessity arises. While there is less activity demanded of it to guard against danger than of one in motion, yet it is bound to enjoy its position at the dock with a due regard to the rights of others. It may not unreasonably obstruct the passage of others; and when warned of the approach of another in such manner as to involve risk of injury, it is its duty to take such measures as may be required to avert danger. When requested by a vessel lawfully within the slip, having the right to pass, it is bound to render such assistance as it can to enable the other to pass to its berth, even though it may necessitate temporarily moving to another location to enable the passage;1 and where the moored vessel is unattended, the one entering, and entitled to pass, or occupy its berth, may move it to another situation, providing it is done in a careful and skilful manner, and safely moored elsewhere."

lowed its stern to swing round and collide with a smaller steamboat lawfully moored at an adjoining wharf, the former was held liable for the damages. The John C. Fisher, 50 Fed. R. 703.

A tug in towing a schooner into her slip, which was filled with ice, passed so near a canal-boat moored there that the latter was injured either by a direct blow from the steamer or pressure of ice against it. Held, immaterial from which cause it arose,- the tug was responsible; its duty being to place its tow in such a manner as not to injure vessels moored. The Reba, 22 Fed. R. 546.

1 The Phoenix, 3 Blatch. 273.

2 The Lime Rock, 55 Fed. R. 126.

Where a tug which was ordered to move a vessel from its place at a dock did so against the protest of the officers of the vessel, and in doing so the vessel collided with another caused by the defective condition of the vessel's hawser, held, that, it being its duty to have ascertained that the hawser was safe, they were liable. The Ben Hooley, 6 Fed. R. 318.

A tug was ordered by the owners of a steamship to assist it in getting into its slip, and in doing so took a position under the starboard quarter of the steamship. Without its knowledge the steamer started its machinery; the suction of the propeller drew the tug under and sunk it. Held, that the tug was

A vessel lying at its dock has no right to use its position to the injury of others lawfully there. A steamer moored in a slip must refrain from the use of its machinery, if by so doing injury is liable to be done to others lawfully moored there.1

The general sailing rules make no provision for the maintenance of lights when lying at a dock or wharf; nevertheless, prudence requires a ship to designate its presence by sufficient lights at night, when lying at a public dock, or where the presence of others may reasonably be expected. The exhibition of such lights is a reasonable precaution, whether required by local regulations or not. There is substantially the same reason for requiring a light to be exhibited by a vessel in a crowded slip, where shipping is constantly coming and going, as there is in the case of a vessel anchored in navigable waters.? Where, however, a vessel is moored at a place out of the usual track of passing vessels, where the presence of others may not reasonably be expected; where it does not impede, obstruct or hinder the passage of others, there is no requirement of law obliging it to exhibit a light at night, or to maintain a watch either by day or night. It is incumbent upon vessels mooring at a dock to

negligent in assuming such a position, and no recovery could be had. The City of New York, 54 Fed. R. 181.

1 The Leo, 3 Ben. 569; Ramsey v. The City of Macon, 20 Fed. R. 159; The Nevada, 106 U. S. 159; The Scotia, 63 L. T. 324.

In the case of The Colon, 8 Ben. 512, a steamer was coaling from a canal-boat lying alongside. To facilitate loading the canal-boat was cut loose from the steamer. The screw of the steamer being revolved, the suction of the wheel pulled the canal-boat over until it was struck by the screw and sunk. Steamer held liable.

In the case of The Nevada, 17 Blatch. 122, it was held to be negligence for a large steamer to leave its moorings in a slip crowded with other craft by the use of its own propeller, without taking the utmost care to prevent accident from the disturbance of the water.

2Shields v. Mayor, etc., 18 Fed. R. 748; Ure v. Coffman, 19 How. 56; The Alabama, 26 Fed. R. 866.

3 Amoskeag Mfg. Co. v. The John Adams, 1 Cliff. 404; Hadden v. The J. H. Rutter, 35 Fed. R. 365; The Mischief, 39 Fed. R. 510.

Where a boat was moored to the bank of a river in an unfrequented spot out of the line of customary

do so in such a manner that it will not interfere with others lawfully moored or passing in the slip, and it must dispose of its tackle and hamper so as to avoid injury to others lawfully approaching or moored where injury is liable to occur.1 In mooring it is the duty of a vessel to secure a position sufficiently remote from others as circumstances permit, in order that damage may not result from surging or other movements of the vessel, and to keep its lines sufficiently. taut to prevent sagging against others near by.

Sec. 98. Mooring alongside other vessels.- Where a slip is crowded and access to a vessel's dock is prevented by the intervention of others, the one entering is not bound to remain outside, but may enter and moor alongside those nearest its destination, unless there are circumstances brought to its notice, or which it is presumed to know of, rendering such a course imprudent. When an entering vessel thus moors alongside another, all those intermediate are bound to furnish a safe passage-way across their decks for the accommodation of persons seeking to communicate with the shore, and to those on shore desiring to communicate with the exterior vessel. In mooring alongside the outer vessel is bound to do so in an easy manner without injury to the other, and is responsible for all damages resulting from an unusual and unnecessary blow in coming together, and for

navigation, held, there was no occasion or requirement for the exhibition of a light.

1 Price v. Sontag, 40 Fed. R. 174. A vessel lying at a dock, with its yards squared, is liable to vessels entering or departing and injured by such overhanging tackle. Pierce v. Lang, 1 Low. 65; The Monitor and Hill, 3 Biss. 24.

In Morrell v. Rheinfrank, 24 Fed. R. 94, a scow lying at a dock was moved by those in charge of a canal-boat lying astern, for the

convenience of the latter in unloading, the latter being moored so near the other that damage was inflicted by it by the surging of the scow caused by a passing steamer. It was held that the scow was not liable for the acts of those moving it and imperfectly fastening it to the dock, and the canal-boat could not recover.

2 The Greenpoint, 18 Fed. R. 186. 3 Anderson v. Scully, 31 Fed. R. 161.