made; and it will be rejected where unreasonable and improbable,35 -as where it was contended that the steamer crossed the schooner's bow within the limit of a few hundred feet so as to strike the starboard bow of the schooner at a right angle.3 "The Agnes Manning, 44 Fed. Rep. 110; The Helen G. Moseley, 117 Fed. Rep. 760; The Stuyvesant, 88 Fed. Rep. 553; The Ancon, 6 Sawy. (U. S.) 118. Thus a claim by a tug that a gust of wind came with such nice punctuality as to make an involuntary change of eight points in the course of a schooner, and carry her, against her navigator's intention, into a passing barge, which should have kept out of her way, was held to be an improbable coincidence, not to be adopted when not supported by a preponderance of the evidence: The George L. Garlick, 88 Fed. Rep. 553. So, the evidence of a crew of a schooner which was injured by a collision with a carfloat in tow of a tug, and that of the master of another schooner in the vicinity at the time, that the schooner held her course, will outweigh the testimony of the master of the tug, whose account of the collision was highly improbable, and the schooner is entitled to recover her damages: Mershon V. The Ramapo, 35 Fed. Rep. 612. 30 The Senator Sullivan, 117 Fed. Rep. 176; The Tallahassee, 117 Fed. Rep. 176. SECTION. CHAPTER CLXXIV. OVERTAKING VESSELS. 6822. When a vessel is an overtaking vessel. 6823. Overtaking vessel must keep out of the way. 6824. Speed of overtaking vessel. 6825. Duty to keep out of the way applies to all classes of vessels. SECTION. § 6822. When a Vessel is an Overtaking Vessel.-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 vessel's side lights,-is deemed an overtaking vessel; and no subsequent alteration of the bearing between the two vessels will make the overtaking vessel a crossing vessel within the meaning of the navigation rules, or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. As the overtaking vessel in the daytime cannot always know with certainty whether she is forward of or abaft the beam of the other vessel, it is her duty, if in doubt, to assume that she is an overtaking vessel, and keep out of the way.1 § 6823. Overtaking Vessel must Keep Out of the Way.-All the navigation rules require the overtaking vessel to keep out of the way of the overtaken vessel; and this rule is complied with only where the 1 Article 24 International Navigation Rules; Article 24 Inland River and Harbor Rules. Where two steamships moving toward Gedney's Channel in New York Harbor exchanged whistles when half a mile apart and converging three points, and differing in speed not more than one and a half knots, it was held that neither was an "overtaking" vessel. Both were "crossing" vessels, and the one having the other on her starboard was bound to keep out of the way: The Aurania, 29 Fed. Rep. 98. A ship is an overtak ing, and not a crossing vessel, within the meaning of these terms as used in the navigation rules, although there is a difference of three points in the courses of the two vessels: Aldridge v. Clausen, 42 Hun (N. Y.) 473 (Dykman, J., dissenting). 2 Article 24 International Navigation Rules; Article 24 Inland River and Harbor Rules; Rule 22 Rules for the Great Lakes; Rule 22 Rules for Red River of the North &c. See The Bermuda, 17 Fed. Rep. 397; Brady v. The Bendo, 44 Fed. Rep. overtaking vessel is so navigated that she does not crowd the overtaken vessel, and is kept at such a distance that suction will not unreasonably interfere with the navigation of the other vessel. Under the main principle, a steamer was held in fault for undertaking to pass another vessel in a channel so narrow that to accomplish her manœuvre she was required to go within fifteen feet of the overtaken vessel, when by stopping a short time she could have passed in a wider channel." The law does not impose upon an overtaking vessel the obligation of anticipating improper navigation by the other vessel, unless the circumstances indicate that she is under incapable management, or is about to neglect in any respect the duty of reasonable care and prudence. But where the overtaking vessel goes dangerously near the overtaken vessel without the required signals, the overtaken vessel will not be considered in fault for a collision caused by a sheer made by her. 6 439; The Bay Queen, 27 Fed. Rep. 813; The Captain Sam, 115 bed. Rep. 1000; The Cephalonia, 29 Fed. Rep. 332; The City of Macon, 51 Fed. Rep. 949; rev'g s. c. 47 Fed. Rep. 919; The Continental, 31 Fed. Rep. 166; The Doris, 113 Fed. Rep. 865; &. c. 51 C. C. A. 489; The Fleetwing, 114 Fed. Rep. 409; The Major Barrett, 114 Fed. Rep. 409; The Nathan Hale, 113 Fed. Rep. 865; s. c. 51 C. C. A. 489; The Natchez, 78 Fed. Rep. 183; s. c. 24 C. C. A. 49; 41 U. S. App. 708; The Sarah, 52 Fed. Rep. 233; s. c. 3 C. C. A. 56; 2 U. S. App. 390; Scott v. The Drew, 38 Fed. Rep. 858; Standard Oil Co. v. The Garden City, 38 Fed. Rep. 860; The Stephen Bennett, 54 Fed. Rep. 207; The Sylvan Grove, 29 Fed. Rep. 336; The Venetian, 29 Fed. Rep. 460; The Whiteash, 64 Fed. Rep. 893; Palmer V. New York &c. Transp. Co., 88 Hun (N. Y.) 509; s. c. 34 N. Y. Supp. 908; The Columbia, 9 Ben. (T. S.) 254; Simpson v. Spreckles, 8 Sawy. (U. S.) 229. The obligation of one steamship overtaking another, under the English Regulations for Preventing Collisions at Sea, art. 20, to keep out of the way of the overtaken ship, continues after she has advanced beyond the area lighted by the stern light of the overtaken ship into a position in which she can see the side light of the overtaken ship, notwithstanding article 16 provides that 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 shall The Atlantis, 119 Fed. Rep. 568; The Ohio, 91 Fed. Rep. 547; The 254. The Columbia, 9 Ben. (U. S.) Long Island R. Co. v. Killien, 67 The Osceola, 35 Fed. Rep. 559; 1 1 § 6824. Speed of Overtaking Vessel.-The overtaking vessel, as a part of her duty, must proceed at a moderate speed under full control.8 Thus, a steamer overtaking another, which has just left her pier and has not become straightened in the channel, at a place where the channel is narrow and the latter has barely sufficient water and is steering badly, is responsible for a collision, when, mistaking the signal of the latter, she proceeds at full speed with the intention of passing her,especially when her speed is greater than allowed by the regulations of the port. § 6825. Duty to Keep Out of the Way Applies to All Classes of Vessels. The duty of an overtaking vessel to keep out of the way of the overtaken vessel is imposed on all kinds of vessels; it is not limited to steam-vessels alone, but applies to sailing-vessels ;10 and a sailing-vessel intending to pass a sailing-vessel must keep out of her way.11 § 6826. Duty of Overtaking Vessels with Reference to Vessels Ahead of Overtaken Vessels.-The overtaking vessel should have in mind the likelihood of encountering vessels in the lead of the overtaken vessel;12 and she will be held in fault in crossing the bows of the overtaken vessel after she has passed the latter, in such a way as to cause a collision between such overtaken vessel and a third vessel.1 13 § 6827. Overtaken Vessel must Keep her Course. The overtaken vessel has the correlative duty of keeping her course while another vessel is passing her;14 and she must not embarrass the manoeuvre,15— as, by attempting to cross the bows of the overtaking vessel or to crowd upon her course.16 ART. I. CHAPTER CLXXV. VESSELS NOT UNDER WAY. Vessels at Anchor, $$ 6829-6837. ART. II. Moored Vessels, §§ 6840-6850. ART. III. Other Vessels Not Under Way, §§ 6853-6855. 6829. Duty of moving vessel to 6834. Anchored vessel should man avoid anchored vessels. 6830. Anchor lights and watch. 6831. Anchorage in improper and exposed places. 6832. Further of improper anchor age-In navigable channels. 6833. Sufficiency of anchor. œuvre to avoid impending collision. 6835. Care in tripping anchor. 6836. Fouling anchors. 6837. Injuries to submarine cables by anchors. 2 $6829. Duty of Moving Vessel to Avoid Anchored Vessels.-The law presumes that a vessel in motion has control of her movements, and imposes upon such a vessel the duty of avoiding vessels at anchor,1 and raises a presumption of fault against her where she collides with a vessel shown to have been anchored in a proper place, with the required lights and maintaining a proper watch. The colliding vessel will not be absolved from liability for collision with an anchored vessel on the ground that she was in charge of a compulsory pilot, where the officers of the vessel were in control and failed to maintain a sufficient lookout. The fact that the steering-apparatus of the moving vessel was defective and did not respond to the steersman's direc St. Louis &c. Co. v. United States, 33 Ct. Cl. (U. S.) 251. 'The Allan Joy, 123 Fed. Rep. 344; The Armonia, 67 Fed. Rep. 362; The Banan, 116 Fed. Rep. 900; The Brady, 24 Fed. Rep. 300; The Gertrude, 123 Fed. Rep. 344; The Landskrona, 116 Fed. Rep. 900; Le Lion, 84 Fed. Rep. 1011; The Ogemaw, 32 Fed. Rep. 919; The Oregon, 89 Fed. Rep. 520; The Philadelphia V. Gavagnin, 63 Fed. Rep. 617; s. c. 10 C. C. A. 552; aff'g s. c. 59 Fed. Rep. 303; The Percy Birdsall v. The Invertrosacks, 55 Fed. Rep. 683; |