cordingly. The descending boat having the right to insist that its designation of course be observed, conferš upon it no right to insist upon its selection, when by so doing risk of collision is enhanced. The rules are to be liberally construed with the end in view that they are established for the prevention of collisions, and the courts will not tolerate captious or capricious conduct by insisting on the observance of a rule where it is not clearly within the spirit of the general regulations. The rule giving the ascending vessel the right to select its course, if not disputed by the other, cannot be understood as giving the up-stream boat the right, under all circumstances, of choosing its line of navigation; as where the ascending vessel is on one side of the river and the one descending is on the opposite side, with sufficient depth and width of river between, the law will not permit the one having the right of way to captiously insist that the other shall cross over and pass at its dictation.3

As between steamboats and flat-boats, and similar craft floating down stream, the right of way is with the latter, and the steamer is obliged to avoid them. In case of collision, the presumption of fault is against the steamer and in favor of the flat-boat. As between a descending tug with a tow, and one ascending a river in a narrow channel or in a bend of a river, the descending vessel has the right of way.

Sec. 142. Inspectors' rule II.-"If from any cause the signals for passing are not made at the proper time, as provided in rule I, or should the signals be given and not properly understood from any cause whatever, and either boat becomes imperiled thereby, the pilot on either steamer may be the first to sound the alarm or danger signal, which shall consist of three or more short blasts of the steam-whistle in quick succession. Whenever the danger signal is given, the engines of both steamers must be stopped and backed until

1 Rule 1, Supervising Inspectors' Rules, 1895.

2 Schenck v. The Fremont, 1 Bond, 57.

3 Thorp v. The Defender, 1 Bond, 397.

4 The Marshall, 12 Fed. R. 921.

their headway has been fully checked. Nor shall the engines of either steamer be again started ahead until the steamers can safely pass each other. Vessels approaching each other from opposite directions are forbidden to use what has become technically known among pilots as "crosssignals;" that is, answering one whistle with two, and answering two whistles with one. In all cases and under all circumstances a pilot receiving either of the whistle signals provided in the rules, which for any reason he deems injudicious to comply with, instead of answering it with a crosssignal must at once observe the provisions of this rule.”

Sec. 143. Narrow channel Inspectors' rule III."When two boats are about to enter a narrow channel at the same time, the ascending boat shall be stopped below such channel until the descending boat shall have passed through it; but should two boats unavoidably meet in such channel, then it shall be the duty of the pilot of the ascending boat to make the proper signals; and when answered, the ascending boat shall lie as close as possible to the side of the channel the exchange of signals may have determined, as provided by rule I, and either stop the engines or move them so as only to give the boat steerage-way, and the pilot of the descending boat shall cause his boat to be worked slowly until he has passed the ascending boat. When two steamers are approaching a bridge-span or draw from opposite directions, and the passing signals as provided in rule I have been given and understood, should the pilot of the descending steamer deem it dangerous for the steamers to pass each other between the piers of such span or draw, he shall sound the alarm or danger signal, and it shall then be the duty of the pilot of the ascending steamer to answer with a similar alarm signal and to slow or stop his engines below such span or draw until the descending steamer shall have passed." 1

1 Rule III, Board of Supervising Inspectors, 1895; Canfield v. The F. & P. M. No. 2, 44 Fed. R. 698, 701; The Cherokee, 15 Fed. R. 119;

The Scotts Greys v. The Santiago de Cuba, 19 Fed. R. 213; The City of Springfield, 26 Fed. R. 158.

Every steamer navigating the rivers and interior waters of the country is presumed to know the situation and character of narrow and dangerous places in the waters it is navigating. The omission of a descending vessel to give the usual warning signal required by the rule will not justify an ascending steamer aware of its presence from failing to remain below the dangerous passage while the ascending boat passes.1

Sec. 144. Inspectors' rule IV.-"When a steamer is ascending and running close on a bar or shore, the pilot shall in no case attempt to cross the river, when a descending boat shall be so near that it would be possible for a collision to ensue therefrom."

Sec. 145. Inspectors' rule V-Bend of river.-"Where any steamer, whether ascending or descending, is nearing a short bend or point where from any cause a steamer approaching in an opposite direction cannot be seen at a distance of six hundred yards, the pilot of such steamer, when he shall have arrived within six hundred yards of that bend or point, shall give a signal of one long sound of his steam

1 The Rescue, 24 Fed. R. 44; Western Ins. Co. v. The Goody Friends, 1 Bond, 459.

In The Monitor, 4 Biss. 503, a tug and tow were navigating a narrow channel, and collided with a canalboat lawfully moored at the side of the channel, caused by the suction created by the passage of another vessel. Held, that the tug was liable for attempting to pass in a dangerous situation while another was making the same pas

sage.

Where an ascending vessel entered a narrow channel of a river where a tug with barges in tow were situated with one barge

aground, it appearing that there was sufficient room to pass, the ascending vessel was held not at fault for collision resulting from an unexpected drifting of one of the barges. The Cherokee, 15 Fed. R. 119.

It is negligence for a steamer, in a narrow channel only seven hundred or eight hundred feet wide, where the presence of shipping may reasonably be expected, to run at the rate of fourteen knots per hour on a dark night. The Saratoga, 37 Fed. R. 119.

2 Rule IV, Supervising Inspectors' Rules 1895.

whistle, as a notice to any steamer that may be approaching; and should there be any approaching steamer within hearing of such signal, it shall be the duty of the pilot thereof to answer such signal by one long sound of his steam-whistle; when both boats shall be navigated with the proper precautions, as required by the preceding rules."1

In the navigation of most western rivers the custom is for ascending boats to navigate near the points, and the descending boats to run the bends. Where this custom prevails and is not observed, and collision results, it has been held that the boat failing to conform to the custom will be liable. In running a bend, neither of two approaching boats has a right to rely upon the other to hold its exact course. It is only required to keep its relative course."

Sec. 146. Inspectors' rule VI – Navigating in fog."When a steamer is running in a fog or thick weather, it shall be the duty of the pilot to sound his steam-whistle at intervals not exceeding one minute. Steamers on rivers whose waters flow into the Gulf of Mexico, lying to during fog or thick weather, when the fog whistle or any sound is heard indicating the approach of another steamer, shall, if lying on the right shore or right bank, give one tap of the bell; if lying on the left shore or left bank, give two taps of the bell at intervals of not more than one minute, to indicate their presence, which signals shall continue until the approaching steamer has passed. Right or left shore or bank is understood by facing down stream or with the flow of the current." This rule is not prohibitory, and is not intended to prevent boats from running in a fog; it

1 Rule V, Supervising Inspectors' Rules 1895; The City of Springfield, 26 Fed. R. 158; The Lucy, 44 Fed. R. 938; Stark v. The F. & P. M. No. 2, 44 Fed. R. 701.

A tug with a heavy tow, coming down a river with the current, having to pass a sharp bend where the tide sweeps rapidly toward the opposite shore, has the right of

2 Shirley v. The Richmond, 2 way over an ascending tug and Woods, 58.

tow. The Marshall, 12 Fed. R.

3 The W. H. Beaman, 18 Fed. R. 921.

simply throws about their navigation such safeguards as it can to reduce the risks of collision. The propriety of navigation under the particular circumstances must in all cases be left to the decision of the vessel at the time. While the mere act of navigating in a fog is not unlawful, if it is coupled with the navigation of a dangerous situation, the restrictions imposed are proportioned to the dangers of the situation.2

Sec. 147. Passing-Inspectors' rule VII.-"Where steamers are running in the same direction, and the pilot of the boat astern shall desire to pass either side of the boat ahead, he shall give the signal as in rule I, and the pilot of the boat ahead shall answer by the same signal, or, if he prefers to keep on his course, he shall make the necessary signals, and the boat wishing to pass must govern herself accordingly; but the boat ahead shall in no case attempt to cross her bow or crowd upon her course.

"Every vessel coming up with another vessel from any direction more than two points abaft her beam, that is, in such a position with reference to the vessel which she is overtaking that at night she would be unable to see either of that vessels side-lights, shall be deemed to be an overtaking vessel, and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel, within the meaning of these rules, or relieve her of the duty of keeping clear of the overtaking vessel until she is finally past and clear."

In the navigation of rivers, as in the navigation of larger bodies of water, the law requires vessels to keep at a distance from each other in passing and in following, sufficient to enable each to avoid the other in case of mishap or contingency liable to arise. In the navigation of narrow streams and doubtful channels, a vessel following another

1 The Joseph W. Gould, 19 Fed. R. 785.

2 The St. John, 29 Fed. R. 221.

3 For further inspectors' rules see page 80.