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§ 6910. Starboard-Side Rule Extends to Canals.-The starboard rule for vessels meeting end on, or nearly so, extends to canal navigation, and requires canal-boats to pass port to port,' and far enough away to avoid all danger of collision. A lookout should be maintained,3 particularly at bends and places where the view of approaching boats is obstructed. An early statute in Pennsylvania gave the right of way to the descending boat in places where the canal was narrow.5

§ 6911. Overtaking Boats.-Reasonable care should be observed by a boat attempting to pass a boat going in the same direction; and the manœuvre should not be undertaken at a time when other boats are being met. Where the view is obstructed at bends, common prudence, in the absence of rules, would suggest the necessity of maintaining a lookout, and the giving of signals announcing the approach of the overtaking boat."

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§ 6912. Tying Up Canal-Boats.-A canal-boat should be tied up to the berm-bank;10 but where she is tied up to the towpath side, it is the duty of her navigator to take sufficient precautions to warn approaching boats, either by the use of signal-lights or timely hails. It is the duty of the moving boat to ascertain whether she can with safety pass another lying at rest.12

1 Rathune v. Payne, 19 Wend. (N. Y.) 399; The Ashford, 44 Fed. Rep. 703; The A. J. Wright, 84 Fed. Rep. 1002; The Hugo Keller, 91 Fed. Rep. 287; The Thomas Carroll, 23 Fed. Rep. 912; The Venus, 16 Fed. Rep. 792.

2 The Venus, 16 Fed. Rep. 792. The wheelsman in charge of a steam canal-boat with the tow lashed in front is in fault if, on perceiving the approach of another steam canalboat on the side where he himself is entitled to advance, he maintains his course and speed and does not reverse until a collision becomes inevitable: The A. J. Wright, 84 Fed. Rep. 1002.

3 The William Orr, 54 Fed. Rep. 904. But the absence of the lookout must have been the proximate cause of the collision: The William Orr, supra. A collision between two

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CHAPTER CLXXVIII.

FOGS.

ART. I. Fog Signals, §§ 6914-6921.

ART. II. General Duty of Care, §§ 6924-6927.

ART. III. Speed and Course of Navigation During Fog, §§ 6930

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6914. Fog signals by vessels under 6918. Fog-signal equipment.

way.

6915. Vessels at anchor.

6916. Presumption of negligence from failure to sound fog signals.

6917. Misleading signals.

6919. Other means not permitted.

6920. Fog-signal equipment must be tested to determine efficiency.

6921. Not required to carry extra fog-signal equipment.

§6914. Fog Signals by Vessels Under Way.-The International Navigation Rules require a steam-vessel under way in a fog to sound prolonged whistle blasts at intervals of not more than two minutes; and where stopped, but under way, she must indicate that fact by sounding two prolonged blasts separated by an interval of about one second, to be repeated after a space of not more than two minutes. Sailing-vessels under way must at intervals of not more than one minute sound one blast on the fog-horn when on the starboard tack, two blasts in succession when on the port tack, and three blasts in succession when the wind is abaft the beam.1 Fog signals for vessels under way, not greatly variant from these, are prescribed by the navigation rules for other waters, the substance of which rules will be found in the margin.2

'International Navigation Rules, art. 15 (a), (b) and (c). A sailingvessel lying to in a fog, but having some of her sails up, is "under way," and is governed by article 15 (e) of the International Navigation Rules; and where the wind is on her starboard bow she is on the starboard tack, and the proper fog signal is one blast: Burrows v. Gower, 119 Fed. Rep. 616.

required of the steam-vessel is sounded at intervals of one minute. Sailing-vessels in these waters sound the same signals as when navigating the ocean. A steam-vessel engaged in towing must at intervals of not more than one minute sound three blasts in succession,-namely, one prolonged blast followed by two short blasts: Article 15 of Rules for Harbors, Rivers and Inland Waters. 'In harbors the prolonged blast See The Harold, 84 Fed. Rep. 698

§ 6915. Vessels at Anchor.-Under the International Rules and the Rules for Harbors, Rivers and Inland Waters, a vessel at anchor in a fog must, at intervals of not more than one minute, ring her bell rapidly for about five seconds. In the Great Lakes and tributary waters, a vessel at anchor or aground in or near a channel or fairway is required to ring her bell rapidly for three to five seconds at intervals of not more than two minutes; and small vessels such as produce-boats, fishing-boats, etc., must sound a fog-horn or equivalent

(barge in tow of tug provided with steam-whistle should indicate her position by sounding whistle). A ferry-boat is at fault for a collision with another ferry-boat bound for her slip, in failing to comply with the statutory rule requiring all steam-vessels under way in a fog to sound a whistle at intervals of not more than a minute, while she is under way in a fog within the line of the ends of the piers, having failed to make her slip, where the pilot of the other boat is actually misled by such omission to sound the whistle into the belief that she has entered her slip: The Princeton, 67 Fed. Rep. 557; rev'g s. c. 61 Fed. Rep. 116. A tow of canal-boats is not required to signal in a fog. If any signal is required from it as a matter of prudence, it belongs to the tug to see that it is given: Hughes v. Pennsylvania R. Co., 93 Fed. Rep. 510. Where a steamer going "dead slow" in a fog properly went to the left, under a tug's signal of two whistles, and, on discovering a bark, of whose presence no signal was given, in tow of the tug, 400 or 500 feet behind and much out of line, which put her helm hard a-port, the steamer ported, and hailed them to cast off the hawser, which was not done, but the bark made numerous changes of helm resulting in a collision, the failure of the tug to give the proper signals of the presence of the tow, and the failure to cast off the hawser, were the true and immediate causes of the collision, and the steamer is not liable: The Ludwig Holberg, 36 Fed. Rep. 914. On the Great Lakes a steamvessel under way, except where encumbered with tows, is compelled to sound at intervals of not more than one minute, three distinct blasts of her whistle. A steamer with a raft in tow is required to sound

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screeching or Modoc whistle for three to five seconds at minute intervals, and a vessel in tow must sound four bells. Sailing-vessels under way and not in tow must sound at intervals of not more than one minute, if on the starboard tack, with wind forward of a beam, one blast on her fog-horn; if on the port tack with wind forward of the beam, two blasts of her fog-horn; if she has wind abaft the beam on either side, three blasts of her fog-horn: Rule 14 for Great Lakes &c. On the Mississippi and western rivers, steamvessels under way must sound a steam-whistle at intervals of not more than one minute, and when towing, three blasts in quick succession, repeated at intervals of not more than one minute. Sail-vessels on these streams must sound a foghorn at intervals of not more than one minute: Rule 15 (a) and (b) for Red River of the North &c.

3 International Navigation Rules, art. 15 (d); Harbors, Rivers and Inland Waters Rules, art. 15 (d). See The Alfredo, 32 Fed. Rep. 240; aff'g s. c. 30 Fed. Rep. 842 (bell should be rung-sounding fog-horn insufficient); The Ophelia, 44 Fed. Rep. 91 (bell rung once in four minutes not sufficient). A barge anchored in a fog in a part of the River Thames where it is safe for a vessel of moderate draught to navigate, is at fault for a collision with a steamer running into her, in failing to ring her bell as required by the By-Laws for the Navigation of the Thames, 1880, art. 13, providing that a vessel in a fog, "when in the fairway of the river, and not under way," shall ring the bell at intervals of not more than two minutes: The Blue Bell, [1895] Prob. 242; s. c. 64 L. J. P. D. & A. (N. S.) 71.

Rules for Harbors, Rivers and Inland Waters, art. 14 (e).

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signal at intervals of not more than one minute. Steam and sail vessels on the Mississippi and western rivers are required to sound the bell at intervals of not more than two minutes." Coal-boats, prodnce-boats, trading-boats, canal-boats, oyster-boats, fishing-boats, rafts, or other water-craft in these waters are obliged to sound a fog-horn or equivalent signal which shall make a sound equal to a steam-whistle, at intervals of not more than two minutes. A vessel moored to a pier during a fog is not required to give signals though her stern swings out somewhat from the pier, where the slips adjacent are not used by ferry-boats and there is no occasion to expect vessels to enter. The rule is otherwise where an attached tow swings out from the pier in the path of approaching vessels." Where the fog-bells on two vessels, three hundred feet long, which were lashed together and anchored during a fog, were at opposite ends, so that the ringing of both might confuse approaching vessels, it has been held not negligence for the master, in the exercise of his best judgment, to direct that but one should be rung.10

$6916. Presumption of Negligence from Failure to Sound Fog Signals. The law raises a presumption of negligence from a failure. to obey the rules with respect to signals in fogs and thick weather.11 Where neither of the vessels gives the fog-signals prescribed by the rules, the damages will be divided in case of a collision caused thereby,12

$6917. Misleading Signals.-The rules must be strictly observed, and a vessel will be held in fault for a collision induced by sounding misleading signals. Thus, a sailing-vessel which in a fog sounded steam-vessel signals, and replied to the steamer's indication that she would direct her course to port, by two short blasts indicating either that she was under steam or was a sailing-vessel on the port tack, when in fact she was on the starboard tack, was held at fault for an ensuing collision.13

$6918. Fog-Signal Equipment.-A steam-vessel on the sea must. provide herself with an efficient whistle or siren sounded by steam or

'Harbors, Rivers and Inland Waters Rule 14 (g).

Rule 15 (c) for Red River of the North &c.

'Rule 15 (d) for Red River of the North &c.

'The Albany, 91 Fed. Rep. 805. 'The Orange, 46 Fed. Rep. 408. The Northern Queen, 117 Fed. Rep. 906.

"The Bermuda, 116 Fed. Rep. 559; The Frank S. Hall, 116 Fed. Rep. 559; Schlotterer v. Brooklyn &c. Ferry Co., 75 App. Div. (N. Y.) 330; s. c. 78 N. Y. Supp. 202.

12 The Kenilworth, 64 Fed. Rep. 890; The Perkiomen, 27 Fed. Rep. 573.

13 The Parthian, 55 Fed. Rep. 426; rev'g s. c. 48 Fed. Rep. 175.

some substitute for steam, so placed that the sound may not be intercepted by an obstruction, and an efficient fog-horn to be sounded by mechanical means, and also an efficient bell. The sea-going rules allow the substitution of a drum on Turkish vessels or a gong where such articles are used on small sea-going vessels. Sail-vessels of more than twenty tons gross tonnage are required to be equipped with a similar fog-horn and bell.14 Like fog-signal equipment must be carried by vessels navigating harbors and inland waters.15 Steam-vessels navigating the Great Lakes and tributary waters must be provided with an efficient whistle sounded by steam or some substitute for steam, placed before the funnel not less than eight feet from the deck, or in any place determined by the local inspectors, and of such a character as to be heard in ordinary weather at a distance of at least two miles, and with an efficient bell. Sailing-vessels must carry an efficient fog-horn and bell.16 On the Red River of the North and waters emptying into the Gulf of Mexico, a steam-vessel must be equipped with a steam-whistle placed before the funnel not less than eight feet from the deck; and sail-vessels are required to possess a fog-horn.17

§ 6919. Other Means Not Permitted.-The rules prescribing fogsignal equipment are strictly construed; and the law raises a presumption of negligence against a vessel not so equipped in case of a collision,18 and casts upon such a vessel the burden of showing that the lack of such equipment did not contribute to the collision.19 Thus, it has been held under former navigation laws, that a schooner using a common fog-horn sounded by the breath, instead of a fog-horn sounded by bellows or other mechanical means as required by the existing regulations, was guilty of negligence rendering it liable in damages for a collision with another vessel.20 So, a fog-horn operated by steam on a sailing-vessel was held not to comply with the rule requiring a sail

14 Article 15 International Navigation Rules. See The W. H. Gratwick, 81 Fed. Rep. 590.

15 Article 15 Rules for Harbors, Rivers and Inland Waters. There is no statute nor harbor regulation fixing the size of the fog-bell to be used on scows permanently anchored in New York harbor, but the sufficiency of such bell is to be determined by the rule that reasonable care must be exercised in its selection, having reference to the locality and dangers to be encountered and the vessels to be warned. A bell seven inches in diameter and height, to be

rung by hand, on a scow stationed 850 feet off the piers in East River. in the track of steam-vessels of all kinds, has been held not to be sufficient: The Annex No. 5, 117 Fed. Rep. 754.

16 Rule 14 for Great Lakes &c.

17 Rule 15 for Red River of the North &c.

The Martello, 153 U. S. 64; s. c. 38 L. ed. 637; 14 Sup. Ct. Rep. 723; The Bolivia, 49 Fed. Rep. 169; s. c. 1 U. S. App. 26.

19 The Trave, 55 Fed. Rep. 117. 20 The Bolivia, 43 Fed. Rep. 173; The Catalonia, 43 Fed. Rep. 396.

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