Postal Steamship Corp. v. El Esleo, 308 U.S. 378 (1940)

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Postal Steamship Corp. v. El Esleo


No. 73


Argued December 12, 1939
Decided January 2, 1940 *
308 U.S. 378

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. Under Rules II and VII of the Board of Supervising Inspectors, when two steamships are on crossing courses, the privileged vessel has no absolute right to keep her course and speed, regardless of danger involved; her right to maintain her privilege end when there is danger of collision; and, in the presence of that danger, both vessels must be stopped and backed if necessary, until signals for passing with safety have been made and understood. P. 382.

2. These rules should be construed with Article 27, and are not essentially inconsistent with Articles 19-23, of the Inland Rules established by Act of June 7, 1897, c. 4, § 2, 30 Stat. 103, 33 U.S.C. 157, and are valid. Pp. 385, 388.

101 F.2d 4 reversed.

Certiorari, post, p. 532, to review the affirmance of decrees of the District Court, in admiralty, 20 F.Supp. 373, which dismissed a libel brought by the present petitioner and awarded damages to the respondent, in a collision case.