Southern Pacific Co. v. Haglund, 277 U.S. 304 (1928)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 277 U.S. 302, click here.

Southern Pacific Co. v. Haglund

Nos. 472

, 473

Submitted April 13, 1928
Decided May 21, 1928
277 U.S. 304

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

While a steamship, without power or lookout, was being held "dead" across a channel by a tug, leaving, however, ample space for navigation past her stern, a ferryboat, approaching the opening with its view of the channel beyond obstructed by the steamer, blew a single blast of her whistle, indicating her intention to pass in the rear of the steamer, and having received an acceptance by a like blast from the tug, continued at full speed until within the opening, when, perceiving another vessel approaching her, though not dangerously near, she began prematurely her movement to pass her and struck and injured the steamer.

Held:

1. The collision was due solely to the negligence of the ferryboat. P. 309.

2. The signal of the tug was merely its assent to the proposed passing in the rear of the steamer. P. 310.

3. The tug was not at fault in accepting the passing signal and in not sounding a warning instead, though aware of the approach of the vessel on the other side, there being nothing in the situation to indicate that the ferryboat would be thereby prevented from passing the steamer safely, if navigated with due care. Id.

4. The steamer was not at fault in not having a lookout. The Ariadne, 13 Wall. 475, distinguished. P. 310.

19 F.2d 878 affirmed.

Certiorari, 275 U.S. 517, to decrees of the circuit court of appeals, affirming two decrees in admiralty against the petitioner for damages caused in a collision by its ferryboat.