The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 67
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THE JOHN D. ROCKEFELLER Di
THE JOHN D. ROCKEFELLER. THE FALLS CITY. STANDARD OIL CO.
(Circuit Court of Appeals, Fourth Circuit. February 14, 1921.)
1. Collision 4=6--Pilot rules held not inconsistent with statutory rules,
and hence binding.
Pilot rules, made under Rev. St. 4412 (Comp St. 8166). for the
Mississippi river, Jcld not inconsistent with the statutory rules for the
avoidance of collisions, and hence binding upon navigators.
2. Collision <==9--River customs subordinate to statutory rules, but violation
is a fault, when not inconsistent with statutory rules.
The customs of the Mississippi river are subordinate to the statutory
rules of navigation and the pilot rules adopted under Rev. St 4412
(Comp. St. 8166), but, when not inconsistent with those rules, should
be observed, and the violation of an established custom is attributed to
a vessel as a fault.
3. Collision 0t=1--Right to expect observance of rules and customs by other
Navigators have a right to expect the observance by each other of the
rules of navigation and the customs of the river.
4. Collision 8=20-Vessel, seeing another's disregard of required precautions,
must act in view of such remissness.
When a vessel sees, or should see, that another is disregarding requir-
ed precautions against collision, and fails to take reasonable precaution
herself, in view of the other's remissness, both will be held at fault.
5. Collision ==76--Navigator, seeing that signals are misunderstood, should
stop and reverse.
Where it is evident to a navigator of a vessel that his signal art,
misunderstood, he should immediately stop and reverse, until his signals
are understood, and he will be at fault for failure to do so.
6. Collision < -98--Steamer descending Mississippi river not entitled to give
signal for starboard passing.
Under the statutory rules for na igation on the Mississippi river and
the pilot rules made under Rev. St 4412 (Camp. St. I 166), if an
ascending steamer gave the signal for a port to port passing, or gat
no signal, a descending steamer was bound to make a port to port passage.
or sound the alarm signal and stop, and if necessary to reverse, and had
no right to signal for a starboard to starboard passing, even though the
ascending steamer was on the wrong side of the river, under a eustom of
7. Collision ==91-Fault of descending steamer in going forward, after giving
signal for starboard passing, not assented to, held proximate cause of
The act of a steamer, descending the Mississippi river, in signaling fcr
a starboard to starboard passing, with knowledge that an ascending vessel
must change her course and immediately increase her speed, and that the
maneuver would be difficult, If not impossible, and in proceeding with
the current without any assent to the signal, held a proximate cause of a
8. Collision 91--Ascending steamer held at fault In not repeating signal
and taking precautions to prevent collision.
A steamer ascending the Mississippi river held at fault in failing to
repeat its signal for a port to port passing, when not assented to, and in
making no effort to avoid a collision, though it should have known that a
descending steamer, rounding a bend in the sweep of the current, would
t=For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/89/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.