Belden v. Chase

TEEM, OCTUBEE 1893. Syllabus. BELDEN TO COURT OF. ERROR APPEALS OF STATE OF THE THE

NEW YORK. 3, 1893 November Argued No. Decided December 18, 1893. jurisdiction judgment has the highest This court review court of damages in an action at common by a state law recover caused the of two steamers inland collision waters over the United admiralty jurisdiction, judgment when that rights States denies plaintiff by by error under rules established claimed statutes collisions, preventing for rights regarding ap- United States plication rules. of such questions appellate jurisdiction of this court over and inter- national nature, arising in an action in their for a national maritime tort committed admiralty jurisdiction, upon navigable waters within cannot be re- plaintiff party pursue by mere fact that the has elected to strained remedy in a state court. law his common tort, a admiralty at common law for maritime In-an action rule of an damages equal vessels, in the case aof collision division between two it, guilty contributing prevail; are of faults both does not when but culpable respect general rule there is that both are directly immediately produce collision, operating faults neither injuries damages for so caused. can recover “ “ steamer,” pleasure-yacht ocean-going an is coasting A steam and is not a vessel.” pleasure-yacht, Statеs, bound, on the inland waters of steam the United .A carry way, bright the foremast head light, under a when at. green light, light, pre- arid on the a the starboard side side red 4233; required by rule 3 in Rev. Stat. and is not scribed § prescribed range lights,” by thereto a of two white addition central “ coasting . . navigating that section steam-vessels . rule 7 lakes, States,” other inland bays, rivers or waters of the United applicable pleasure-yacht. being to a steam not rule inspectors, supervising a board Regulations established under Rev. other,” all §'4412, passing to be observed steam-vessels each Stat. enactment; statutory obligatory time have the force from when begins; necessity precaution continue so while the means and .opportunity danger remains. to avoid vessel, vessel, passing departs meeting or another (cid:127)Where a rules inspectors results, and a the supervising laid down collision the bur- departure of-proof necossary by is on it to show that den made flias immediate, impending, alarming danger. '

BELDEN-í v. CHASE.' 675' / Statement of the Case. - positive statute,

Where a has committed breach of must vessel she not only probably fault to a' show not contribute disaster which did followed, but that it could so. have done night approaching Tvvo.steamers on the Hudson River at were eaсh other gave head and head. a from One short blast its to indicate whistle an pass by the side. The intention other answered a on similar blast, gave changed and then and cross,, two whistles its course so as to collision, whereby the of the bow first vessel. This in a the . resulted brought second vessel was sunk. An at action law in a state court was first., by against of the the owners the sunken the owners of vessel jury that vessel. On the trial the instruct the the court was asked to . pilot the.sharp the who first the determine blew whistle-had adopt; single a that the answer whistle course each was to which determination; duty acceptance then became the of of his that it .was an n determination; pass according that the second vessel to the other giving in the guilty negligence of two and that the was second Vessel changing in refused instruc- whistles and its .course. court these tions, substance, they jury, were to-determine' and the in instructed negligence guilty management whether those of the vessels were in persons not, they that which omitted to do and did or whether Held, ordinary- prudence ought care to have done. charging in for and (1) refusing give in 'asked That the instructions navigation the general way, obligatory rules of in this the force substantially ignored; was question put jury the whether (2) That the instruction did rules, justified departing which was second vessel was error j approaching- jury two vessels told that (3) That should have been th^\ whistle, single were signal of a .tip exchanging the head head and rules;- prescribed pursue bound to the course if the first further instructed (4) And that have been should whistles, an and there was signal of the vessel assented to the vessel, or, course, at at the risk of second error .the it'was recovery. most, nobe there could both fault and William Donahue, was an action at law by- brought This in the Yanderbilt, Supreme of the Charlotte steamboat .owner William Belden, York, Court New' against .State the. of the so Yoserriite, yacbt negligently .owner in the Hud to" run down sink the-steaniboat yacht son a Meadow light-house, River little north of Esopus half- or about nor,tb York City, .some of New ninety'miles died, Donahue1 1882.. on' of- past nine the. evening July will, and letters' probate, which was- admitted to. leaving.,a TERM, 1893.

Statement of. tlie Case. issued thereon to A. Emory Chase duly testamentary J. who as executors, .’William and the action Hughes, qualified revived and continued in their names. There thereupon been three trials. a verdict first, was rendered Upon favor entered thereon, which plaintiffs judgment term Court was re general appeal Supreme v. versed and new trial 34 Hun, Chase granted. Belden, been The case the trial tried, having again court, pro in accordance with the term, ceeding rulings general This nonsuited was affirmed plaintiffs. judgment term, Court general upon appeal Appeals . was reversed and the cause remanded Chasev. Bel judgment trjed Y. 86. 104 N. The case was then a third den, time and rendered favor of the verdict plaintiffs, judgment for. $27,668.28 entered thereon value of the (the damages, Yanderbilt, costs, was affirmed at interest,) term. Chase v. 16 Y. Belden, N. St. 528. An general Rep. taken was Court thereupon appeal Appeals the record affirmed, affirmed being: judgment “Judgment with costs. No All concur who opinion. J"., except Cray, reversal, reads for affirmed.” 117 N. Y. 637. judgment here also shows this The record memorandum: “No prevail written. See mandate at close this ing opinion opinion.” The is in the record and dissenting opinion by Cray,.J., given in N. Y. St. To review the Rep. reported judgment this writ of Court error was Appeals brought. shows the map opposite page river part where the collision occurred. (cid:127) was Yosemite and the going Yanderbilt up down While the latter stream. between the ice- passing upper house at Bock Point and the lower Big ice-house at Knicker- wharf, bocker she was headed for a between point Esopus аnd the shore, light Yosemite at the same time was headed for a west point Bhinebeck Bluff. When opposite the lower ice-house the Yanderbilt her course changed eastward and headed for Dinsmore’s house. About the same time the Yosemite gave signal one whistle to the Yan- derbilt; and she answered with one whistle. m

BELDEN Statement of tlie Case. TERM,

67S the Statement of Case. After the thus had been the Yanderbilt signals exchanged, blew two this such a whistles and followed up signal by in her to the east- course as head her rapidly .change brought until she in a almost across the ward was directly position was the at her forward struck Yosemite stream, gang- and. to a line at her course with such on angles way nearly right to cut off bow sink her force as her immediately. in the was not Plaintiff alleged negligent Yosemite in that red and were her lights; lights having range green the dim not to the left or westward when Yan- ; going two her own intention of derbilt whistles, gave announcing to the left or to the eastward. The Yosemite claimed going on the the latter that when Yanderbilt part negligence below the and both ice-house Bock Point Big upper were their red to each Yan- other, showing lights her to the eastward headed derbilt course changed house, thus herself across the Dinsmore’s throwing path Yosemite; that, when two'vessеls exchanged signals whistle, did not the Yanderbilt with the a single comply sig- but thus arid continued her nal course right, given, go in that the the Yosemite left; Yanderbilt, to-the having out of side, failed the latter’s her starboard keep way; with, if the in doubt, Yanderbilt was she did not that, comply rule álarm whistles and applicable giving slacking up in that the after with Yanderbilt, her speed; complying mind, blew whistle, took whistles, signal changed sheer the left or eastward. It sudden was admitted that did not have and in the Yosemite lights, range this-particular held that she failed Appeals Court comply of-the It was insisted on behalf that her law. Yosemite side- could, not and that she left dim, go two whistles of Yanderbilt were heard because when for her to her course at that moment it was impossible change to avoid the and that collision, time had no Yanderbilt blow the two whistles to the left after the and go whistles \i-hich determined that each signal interchange was evidence on behalf of the There should go right. to show that after she two whistles tending gave Yanderbilt EELDEN Statement, of .the Case. of the but on behalf two whistles;

the Yosemite replied she did not to show reply evidence tended Yosemite the .that and the to three whistles, but whistles, with two give began do so. she could occurred before collision of of was issued the Yanderbilt port The enrolment ’ of to Title 1880, 25, Fifty conformity Albany, September in Do- of Yessels the Revised entitled Statutes, “Regulations that she and stated, Commerce,” things, mestic among and two hundred and seven feet built was 1857, long, was hun- and five hundred and seventy-four measured eighty-five 1881, October tons. license was issued 3, dredths Her from the date' trade for one year in the coasting employed certificate, was to-' of Her and no inspection thereof longer.' in the district was Albany,' that she effect inspected for one that she and navigate 20, 1881, w;aspermitted July and between Hudson River Albany the waters year n distance at intermediate points, New York, touching inland, or route. return, and miles, hundred any one about enumerated that inspection Among particulars had and had one watchman signal lights. she under Title hád a Yosemite Forty-eight license and of Commerce Nav- Revised entitled Statutes, “Regulation burden her as of the 27, 1882, dated describing May igation,” tons, one-hundredths hundred and fifty four eighty-one vessel, as a de- used and exclusively pleasure .employed She was licensed of naval architecture. as a model signed the United States sea proceed at the custom house, without clearing foreign entering ports, merchandise or but not allowed to transport passengеrs in force for one to continue and be This license was for pay. until the' return of thereof, yacht the date year from no Her enrolment from foreign port, longer! date 20, Title bore

under Section 4319, January Fifty; masts, had two decks and and certified that -she her feet, hundred and her was one breadth eighty-two length her feet, depth eighteen twenty-three eight-tenths Her as above and that she measured feet, seven-tenths given. and accommo- described certificate tonnage inspection OCTOBER, TERM, 1893. Statement of the Cáse. dations stated: said vessel permitted navigate for one route the waters ocean between-and year any at distance of--- miles and intermediate a touching ports, return.” had one that she particulars appeared Among watchman, and lights. signal

The was so constructed that she could be yacht propelled either the of at the sails, steam or and both, power time collision sails were furled and she was propelled steam. .had left wholly Island, She City power miles from New about ten o’clock York, eighteen, that..fore- noon, laid at New York until about or four in the after- three and then noon, left Catskill. are extracts from the Revised Statutes following rules of the supervising inspectors.:

“ Navigation. collisions following'rules preventing “Sec. water, shall be followed in the of vessels navigation thb and of the mercantile marine the United States: Navy “Steam- Sail-Yessees. “ one. Rule steam-vessel is which under sail and .not Every considered, under shall be steam, a sail-vessel; and steam every vessel steam, under whether under sail or shall not, a be considered steam-vessel.

“ Lights. “ Rule two. The mentioned in the rules, following no be shall in. others, carried all sunset between weathers, and sunrise. n “ steamers, Rule All three. steamers, ocean-going carry- — sail, -whenunder shall, ing way, carry “ At the foremast a (A.) head, of such a bright light, as to character be visible on a dark atmos- a clear night, at a distance at least five phere, so constructed miles, show as to a uniform and unbroken over an arc of light horizon of of the fixed as to twenty points so compass, n throw ten on each side light points vessel, namely,

BEBDEN v. CHASE.

Statement of the Case. ahead to from two abaft the beam on either right points side. theOn starboard a of such a (B.) side, char- green light, acter as to visible on a dark with a clear night, atmosphere, of at at distance least two and so miles, constructed as to a uniform and unbroken over an arc of the horizon light show ten and so points fixed to throw compass, light from ahead to two abaft the beam on the star- right points board side. On the a red of such a (0.) side, character light, to be visible on a dark at with a clear night, atmosphere, distance of least so constructed as to show miles, a uniform and unbroken over an arc of the horizon of light ten so fixed as points compass, light throw ahead to two abaft the beam on the points side.

“The and red shall be fitted with inboard green lights screens, feet least three forward from the projecting lights, so as to them seen from across the bow. prevent being “ Rule Four. when other Steam-vessels, vessels, towing shall two carry white mast-head bright lights vertically, addition to their side them so as to from lights, distinguish other steam-vessels. Each of these mast-head shall be lights of the same character and construction the mast-head as lights Rule three. prescribed ' “ Rule Five. All than steam-vessels, ocean-going steamers and when under shall, steamers sail, way, carrying on the of the same charac- carry starboard sides lights ter and construction as are the same prescribed position for side in the Rule case three, lights by provided except Rule six. “ Rule six. River steamers waters into flowing Gulf tributaries, and their shall Mexico, on : One red the outboard side lights, following namely light of the on thе outboard and one port smoke-pipe, green light side shall show both Such starboard smoke-pipe. lights forward and abeam on their sides. respective “ Rule seven. All and steam-vessels steam-vessels, coasting TERM, .1893. of the

Statement Casé. and vessels otherwise other than ferry-boats expressly provided or rivers, other inland lakes, waters bays, for, navigating those mentioned in States, of the Rule except six, United the red and for ocean- lights, shall carry green prescribed in addition a central and, thereto, steamers; range going the after carried at an two elevation light being lights; above the fifteen feet at the head of the of at least light shall be so constructed as to show vessel. headlight twenty through points namely: good light compass, ahead abaft the beam on either side points and the after so.as-to all around the vessel; show light shall be such horizon. lights regulated by Th.e ferrv:boats rules as the board of of steam-vessels supervising inspectors shall prescribe. towed, Rule when under Sail-vessels, eight. way being the same as steam-vessels under shall carry lights way, of the white masthead shall lights, exception never carry. nine. case of small vessels Whenever, Rule during fixed, red cannot be these bad weather, lights green on their deck, shall- bе on sides of the kept respective instant etc. exhibition,” vessel, ready “ Steering Sailing Rules. two vessels under steam are

“Rule eighteen. meeting If. end so as to involve risk on, collision, end on, nearly shall be so that each of both helms put port, may pass of the other: side nineteen. If two under steam are “Rule crossing involve risk has collision, vessel which as so her own starboard shall out of the side, on way keep the other.” “ when steam-vessel, Rule Every twenty-one. approaching risk of slacken collision, so as to involve shall vessel, another if and and steam- reverse; or, every her necessary, Stop speed, a when in a at moderate shall, vessel fog, go speed.” nineteen, Where, Rulés seventeen, Rule twenty-three. out and one of two shall vessels keep twenty-two, twenty, BELDEH of the Case. Statement course, other shall of the way, keep subject of Eule twenty-four. qualifications . In these rules, Eule construing obeying twenty-four. and to must be had to all due navigation, regard dangers circumstances which exist any may particular any special in order to case from them necessary rendering departure immediate avoid danger.” 4214, in Title reads:

Section Forty-eight, “ The of the cause used Treasury may 'Secretary yachts as as vessels, exclusively pleasure designed employed architecture, naval to be enrolled models of .entitled authorize American to be licensed which will vessels, terms them to of the United States, proceed without or at the sea ports, entering clearing foreign (cid:127) custom in such form as house. Such license shall be The owner of Secretary any Treasury may prescribe. such out such shall license, bond, before vessel, taking give such form and for such amount as of'the Secretary shall that the shall not conditioned vessel Treasury prescribe, nor in violate unlawful trade, any any way engage with the States, revenue ‍​‌‌​​‌‌​‌​​‌‌​‌​​​​​​‌‌‌‌​​​‌‌‌‌‌‌​​‌​‌​‌​​​​​‌​‍laws of the and shall United comply laws all other Such vessels so enrolled respects. licensed shall not be allowed to merchandize transport in all Such shall, respects, carry passengers pay. laws of the States, United above, except subject and forfeiture for shall be liable to seizure violation any of this Title.” provisions section it was that “the board By provided super-f shall establish such be observed vising inspectors regulations . all each other as shall from steám-vessels passing time to time deem necessary safety.” for the “Bules Inspectors’ regulations government n seas, lakes, sounds, rivers, рilots bays, gulfs, into the Gulf of Mexico, rivers their except flowing tributaries.” —

“Eule 1. When each other steamers approaching TERM, 1893.

Statement Case. ‘bead and or bead,’ shall be the so, of each nearly duty steamer to or side of the and pass other; right, of either steamer first pilot bemay determining pur- and sue this course, shall as a of his thereupon give, signal one short and distinct intention, blast of his steam whistle; steamer, which the of the other shall answer pilot promptly similar blast of his steam such whistle, steam- thereupon shall ers to the or side of each other. But pass right, the course of such steamers is so far on the starboard of each other as not to be considered as head and by pilots meeting ‘ or head,’ so first so, nearly pilot immediately deciding-shall two short distinct blasts of his whistle, steam give of the other steamer shall answer pilot promptly similar blasts of his steam shall whistle, pass or starboard of each other. left, side, steamers will “Note.-—-In be considered as meet- night, ’ ‘head and head so as both the colored of each ing long are view of the other. “Buie 2.-— n When steamers each other in are.approaching direction shown in an of the fourth (as situa- oblique diagram shall of each pass other, tion),,they if meeting ‘ or head,’ head and so, whistle shall' nearly signals by answered that case promptly given specified. — -whensteamers are If, Buie each other, approaching of either vessel fails to understand the course or in- pilot whether from other, tention or signals being given or from other answered so in causes, erroneously, pilot doubt shall immediately same several signify by giving blasts of the steam short and if the vessels rapid whistle; Within half have a mile of other, shall each both approached slowed to a shall be sufficient for immediately speed barely until answered, proper steerage-way signals given, or until the vessels shall understood, each passed other.” — The Buie 6. of the steam signals, by blowing and answered whistle, shall be given by pilots, compliance when rules, these head and only meeting head,’ ‘ times but at all when so, at a dis- nearly passing meeting - BELDEN

Argument for Defendants in Error. tance within half a mile each other, whether passing the starboard port.” seven The first rules section- 4233 are followed given, by- of colored diagrams illustrating working sysfdw lights in seven situations steamers, observations. meeting

Mr. Everett whom Wheeler, P. was Mr. (with Lawrence on the for Godhin error. plaintiff brief,) Mr. whom was Mr. (cid:127)Gantine, Peter A. (with Emory Chas$ on for defendants error. brief,)

I. This court has no The in error jurisdiction. plaintiff has not-shown he has under a United States any right statute, been has decided -him. against The no colored

(a) yacht would show having lights was not ahead, with the United States statutes. complying — It was with but one foremast head running light, the'.high —- white without colored -that could be seen on light, lights, as the her. .This' court yacht .steamboat was. can- approaching not assume that the did not find that the want of these jury colored was not the cause of the collision. A general ^ verdict will be where there is evidence to upheld sustain any of fact the verdict. In the finding necessary support light of the issues, the decision evidence, verdict, of the state court was not claimed against right, immunity privilege, under the laws of the United and the States, under proceedings the writ of error be should dismissed want of the right the case and the first into this court, bring assignment error should be overruled: The was controlled on inland waters

(5) yacht sailing local was involved. and therefore no Federal statute laws, n to run on the did not Hudson yacht River with a The statute New foremast head light. 1826, contained the Revised Stat- York, and still passed utes of that when- 20, that, Title State, 10, Chapter provides in the time, steamer shall be any night ever TERM, 1893. 636 in Error. Argument tor Defendants her to and show two cause boat shall of such master shall be near one which sufficient lights, exposed good her the last shall stern, other near and the bows, is still in force. the deck.” This act above feet at least twenty has undertaken to of the United States law No navigation it. supersede rules and certain preventing act regulations fixing 13 Stat. 29, 58, 1864, the water,” April collisions approved of the United States act is the Congress c. passed It is from this act international code. adopting codified, of the Revised Statutes embracing section since then and now been as have passed appearing such acts in section the act contained

There is requiring nothing is made of articles instead of rules It Avhistlesto be up given. ” “ Avords and uses the in section 4233, always steamship “ of the act carries out what was The body- ship.” sailing intention of from the as the déclared debates, Congress gathered to relate to and ocean on this chapter, regulate naviga- inland lion, and not navigation. 23 c. entitled An 1885, 438, 354, act of March Stat. 3,

The “ International the Revised for Pre- act to adopt Regulations “ enacts That Sea,” Collisions revised venting following and for rules collisions at international preAmnting regulations in the of be folioAved all and sea shall navigation public private seas of the United States and in coast upon high all - States, of the- United such as otherwise, are Avaters except for.” provided

. in the second article rules Avhat shall be provides 3 to both 11, inclusive; articles 'carried changes phrase- of and omits rules and of them; 5, 6, of all 7 section ology 4233. which

The'articles certain rules sec- correspond and are much more Article 15, tion 4233 stated. specific fully covers Rule is so. Article 16 is the same 18, which particularly ’ and 18 the same as 21. 19, as Rule Article Rule substantially and substance the and 23 same as Rules 23 Articles for This Article 19, 24'. provides giving by' Avhistles act BEBDEN Argument for Defendants in Error. is the first that for whistles in the Inter- provides

national Code. Local laws are reserved from the excepted provisions

this act. Article 25 : in these rulés shall interfere Nothing with the of a rule made local operation author- special duly to the- relative ity harbor, or inland navigation river, any navigation.” Section 2 : That all laws and provides laws incon- parts with the sistent International Eevised Eules foregoing Eeg- ulations for the of all vessels o.f navigation public private , the United States seas and all coast waters of upon high the United States are .as to the navi- hereby except repealed, such lakes,, vessels within the harbors, inland gation waters of the United and this act shall take effect States, be in force and after the first armo day September, Domini 1884.” contained in rule of section has been provision

continued to be used in and was-not navigation, repealed by this act of 1885. -

The act 26 Stat. 19, 1890, c. 320,, 802, entitled August “An act to collisions at regulations adopt preventing sea,” enacts that “the following regulations preventing followed all collisions at shall be sea public private- vessels of States and in seas, the United all upon high waters therewith connected vessels.” navigable by sea-going Articles,

This act is into is more divided comprehensive the act of for' a than provides It foremast- specific additional head an and also that light white.light, may be carried forward the foremast-head lower light down. That will make a light. central-range This act from its also reserves and local excepts' operation “ Article In rules shall 30: interfere laws. these Nothing with the of a rule made local au- duly operation by special river, relative to the or harbor, thority any navigation inland water.” ' “ (cid:127) That of law inconsistent Section all laws parts with the at collisions foregoing regulations preventing for the sea, of all vessels of the navigation public private TERM, 1893.. 688 Argument in for Defendants Error. in seas and all waters con-

United States upon high therewith vessels are nected by hereby navigable sea-going repealed.” be fixed Section 3. This act shall take effect a time to issued the President by proclamation by purpose.” from of section 4233 are omitted this act 5, 6, Rules 7 The British in are identical 1884, of 1890. rules, adopted, with the act of have been 1885, by nearly every adopted maritime power. acts of 1885 and out leaving

Why passed, these Statutes, rules and 7 section 4233 of the Revised 5, 6, in act if it is terms, only express declaring seas and in all coast waters navigation upon high apply States, of the United- such as are otherwise provided except an answer to this is-referred to' for? Por the court question 4235 of the Revised that until further Statutes provi- section rivers, is madé all in the sion bays, Congress, pilots inlets* continue to be United States shall harbors, ports with the laws of the States conformity regulated existing wherein such with such laws as be, pilots may respectively enact for States may respectively purpose.” that this rests on the construction of Thus we see judgment of New this court statute York, the state consequently to review it. no has jurisdiction in the when the second II. It gross negligence yacht — — on a line with the steamboat

situation running parallel one whistle. She whistles: should have have given given hаve each continued on Would vessel have required If the wanted to cross the bow of the course. yacht should have whistle and she steamboat, procured given single time to have enabled steamboat, the assent — did on a she course which safety crossing pass not do. whistle first must be

In all cases signals by given given, in time to the other vessel to with and to allow comply pass not so it desired. If the vessel ‍​‌‌​​‌‌​‌​​‌‌​‌​​​​​​‌‌‌‌​​​‌‌‌‌‌‌​​‌​‌​‌​​​​​‌​‍to which time, given it an bound is not by. although may given accepted whistle. The v. Cas. Voorwarts Khedive, App. answering 689

BELDEN Argument for Defendants in Error. 19 23 Wenona, 42; Dexter, Wall. The Wall. 41, 905 The

876, ; Adm. Milwaukee, Brown’s The Aurania and 313; The 69; 29 Fed. P. 98; The 9 D. The Benares, 16; Rep. Republic, P. D. The 92 U. S. 137, The 9 America, 432, Beryl, 140; S. The J. 123 U. ; Maggie Smith, 349, 355; City The 437 U. S. New 147 72. York,

The whistle immediately yacht single changed giving in front of bow of her course to course crossing for and an answer this ; without steamer, waiting obtaining to' do. she had no & v. Ohio Railway Chesapeake The 46 Fed. The Fed. Panama, 496; 14 Hudson, Rep. Rep. ; 34 Britannia, 489 The Fed. 546. Rep.

If whistle which was answered as as the well two single whistles which answered were all too late, then given fault is the first whistle too late yacht given having manoeuvre. to initiate the made proposition single whistle was a to the vessel to which it was guarantee given it could time. The answer complied an first whistle tо be taken at risk of assent only it could and if with, not be yacht, complied responsibility with the remained yacht. is

The steamboat also free blame under another rule that where one another in in ex- party suddenly puts jeopardy, so tremis, uses his best party put judgment jeopardy to avoid it is free from blame. The collision, Bywell P. D. 9 P. D. McLaren Castle, 219; v. Beryl, 137; 4. Française, 640; 9 Cas. The Blue Compagnie &c., Jacket, App. 371; 144 U. S. U. S. The Nacoochee, In event, after the whistle was and an any single given swered was for the competent parties upon passing agree the other these whistles, answered. way by giving being v. Eastern 116; N. Y. Cooper Co., 75 (dis Transportation missed for want of 99 U. S. Blanchard v. jurisdiction, 78); New Steamboat Y. 292. Jersey Co., 59 N.

It was also slow, for the not to gross yacht negligence, stop, and back.

Rule 21 of Rev. each 3, Stat. Rule Inspectors’ § wThen require, so near that danger- approached VOL. cl—4-t TERM, 1893.

Opinion Court. that each vessel shall slow, collision apprehended, of a stop, a collision; avoid rule if Inspectors’ necessary back shall have within if the a half that approached it, 3 lias without come to an other, each having agreement by mile of a the intention of understand each failed to whistles, New etc. back, City York, slow, must stoр, other, they ubi supra. contributory negli- The steamboat was

III. guilty which was heard on whistle The yacht gave single gence. her course of time at that steamboat; instant changed to the and from that time the bow of the steamboat; to cross than one-half was not more time of collision, probably that were approach- minute. Therefore assumption they the' time be limited to other on courses must each ing oblique whistle time the to the yacht single gave subsequent heard on the steamboat. which was rules to be each The. provide signals given Inspectors’ which initi- When the is situations: signal given seven that this movement intended shall be con- movement, ates the until it has been shall all be tinued finally upon agreed vessel undertakes make the before either completed change. were on the vessels to make courses, If Approaching oblique must have been this rule these courses they running apply initial movement was made; not, then the before initial movement was made moment another produced other to be situa- situation and that signals required given tion, will- all and so around circle of the you go seven at a . without situations arriving completion signals required the rules to be under such circumstances. given IIk. After stating case, deliverеd Justice Fuller, Chief the court. opinion We are of that the writ of error opinion was providently and that allowed, this jurisdiction court is clearly maintainable.

Plaintiff in error claimed the expressly under right statutes United States navigate Yosemite on the awith- Hudson masthead side in accordance light

BELDEN -CHASE.

Opinion of tlie Court. rules on that and- with the also the statutory subject, such those rules in certain navigation explication and if these denied, either rights particulars; attached for the them, -the determination of the jurisdiction raised. It of vital thus these importance questions rules be and enforced should state by. courts in interpreted the courts of the same sensó the United States. tort action was for a maritime committed This upon navigable and within the waters and the admiralty jurisdiction, appellate of this court over national-and inter- questions jurisdiction in their nature national restrained .cannot the mere fact has elected to that the his common plaintiff pursue' law party n - n (cid:127) in a state court. remedy The doctrine of an division of admiralty equal damages a collision the case of between two vessels when both are fault collision, hás contributing long prevailed Morris, and this The Max country. U. England S. 1. rule But at common law is that if both general vessels are of faults and culpable respect operating directly immediately neither can collision, recover for in produce damages. so caused. Atlee v. Co., Packet 21 Wall. 389. juries In to maintain his order action, was plaintiff obliged to establish the and negligence defendant, that' such the sole cause in or, other negligence injury, words, recover, he could not defendant were though it- negligent, that his own contributed appeared directly negligence result of. complained fault to the Yosemite

(1) particular imputed was that she did not Buie carry lights prescribed by range seven section 4233 of enacted Buies Bevised Navigation this fact it was admitted, (cid:127)Statutes, and, ruled,-as matter being that she was therefore law. guilty negligence. whether, correctness of this on the true ruling upon depends construction and the Yosemite those Came rules, application within Buie seven. two,

Under Buie and rules, no lights prescribed by others, are to be carried in all between required weathers, and sunset sunrise. TERM, 1893.

Opinion of the Court. three, “all Buie steamers By ocean-going steamers, under when sail, shall, the foremast way, carry,” carrying on the starboard head, side, light; bright green a red on all as side, described. light; port light; when steam-vessels, Bale four other vessels, By towing -white shall masthead carry bright lights vertically, to their side (cid:127)addition of the same character and con- lights,” the masthead struction as Buie three. lights prescribed by “All five Buie other than ocean- steam-vessels, provided: steamers and steamers when under sail, shall, going carrying starboard and sides of the same way, carry port lights construction, and in the character same as are position for side Buie lights by three, in the case prescribed except in Buie six.” provided “to related river Bule steamers waters flow-' sjx navigating of Mexico the Gulf tributaries,” into .their ing pro- should the red and carry vided on their green lights smoke starboard instead on their sides. pipes Buie when under sail-vessels, eight, By way, towed, being the same must as steam-vessels under lights but way, not the white-masthead lights. vessels too nine, Buie to have the

By red small green fixed their starboard and upon sides shall have “ for instant exhibition.” ready them read: All Buie seven coasting steam-vessels, steam- than vessels ferry-boats, otherwise expressly for, lakes, or other bays, rivers, inland provided of the United States, waters those mentioned in except Buie and the red six, shall as carry for ocean- green lights prescribed and in steamers; thereto a central of two going addition range the after carried at light an elevation lights; being above at least fifteen feet at the head of the vessel.' light shall.be so constructed as to show a headlight light good of from through twenty points compass, namely: ahead abaft the beam on either side of the points vessel; the after so as to and show all around the horizon. The light shall be ferry-boats such rules as the lights regulated by of steam-vesselsshall inspectors board supervising prescribe.”

BELDEN (cid:127)693

Opinion of the Court. The manifest of this rule was the object requisition out of caution, abundant and but, lights; range notwithstand- of-Rule and five, the mandate as red provisions ing is declared be lights green repeated, range lights “ in addition.” attributed to the red and importance green lights rules the rules and apparent throughout these regula of the board tions After supervising inspectors. diagrams illustration of the of such given working system it is there said that reference to lights, them “it will appear evident situation in any which two vessels may ap each other in the proach dark, the colored will lights instantly indicate to both the relative course each will is, each; know whether the other is approaching directly crossing either bowrs, starboard This with intimation, port. by whistle, is all that is signals provided, required enable vessels each other thе darkest pass night almost broad equal safety day.” Rule seven applied steam- steam-vessels, coasting other than vessels, and other ‍​‌‌​​‌‌​‌​​‌‌​‌​​​​​​‌‌‌‌​​​‌‌‌‌‌‌​​‌​‌​‌​​​​​‌​‍than vessels other- ferry-boats wise for, inland expressly provided -waters, the river steamers mentioned in Rule six. excepting Steam-vessels not otherwise for were expressly provided not those for in the matter of other expressly provided lights (cid:127) than the red and steamers and green lights. Ocean-going steamers sail and steam-vessels when carrying towing thus otherwise for in Rules expressly provided, three and four. Rule related- five to the red and wholly green and did not for other Missis- lights, provide expressly lights. steamers were from the sippi expressly excepted operation Rule also five, because, carried red although green than in these different the- lights, lights occupied position instance of other steam-vessels; steamers were Mississippi seven, also Rule expressly operation excepted because under were to red and these rules they only therefore, otherwise green were, lights, expressly for-in other than the red and provided respect green The rules were nót lights. accurately- drawn, should TERM, 1893.

Opinion the Court. of their construc- obvious refined deprived application by tiоn.

To were be repeat: Ferry-boat lights regulated.by all were to board of steam-vessels supervising inspectors; on river red and but carry green lights, differently placed the Gulf of the waters into steamers navigating flowing steam-vessels and steam-vessels Mexico; engaged coasting and vessels Eule seven ; inland were by navigation governed thus made. otherwise by expressly provided provisions it was that, .the green And addition expressly provided should when red steam-vessels towing lights, white masthead two lights vertically,'and ocean-going bright under sail should when steamers steamers carrying carry, no others. at the foremast white head, bright way, light, be added were It that required may range lights originally 1826, of 18-26. Y. c. statute York Laws N. New by not then and there for, 253. 222, provided Side-lights p. When colored no steamers.. ocean-going were practically obtained, new were introduced' conditions changed lights - and were rules became necessary adopted. sail, steamers steamers As carrying ocean-going at' the foremast head was be light required, bright as a uniform over constructed to show and unbroken so light of the horizon of of the while arc twenty compass,” an points two white' steamers, centra! coasting range least fifteen the after was to be light prescribed, ££tо show vessel,” at the head of the feet light above the horizon.” all around between reason of the that difference The argument - would be im- as to class one classes, lights required force, without other, respect

(cid:127)practicable 9,1887, Treasury approved indeed, Secretary April conclusion Supervising Inspector-General, ,££ Section- seven, central Eule range lights provided steamers, Eevised are never to on ocean used 4333, Statutes, be obscured aft would the.white rule light required and- of such and there steamer, masts, yards, rigging ' 1887, Treas. Dec. useless.” No. p. fore BEBDEN

Opinion of the Court. She was steamer.” was an Yosemite “ocean-going been had constructed for to ocean navigation, adapted “ to and had been navigate upon ocean, just authorized was also a route.” She one the waters of ocean year any ' “ “ ocean- the less was none steamer sail.” She carrying tlm and none ocean, at the time on the because not going” time under less was not at sail” because she “carrying character- sail. of her These terms were merely descriptive “under istics, not of her situation. She was way,” if in must be Rule be she words, three, would superfluous and have the ocean in order to be traversing ocеan-going,” her sails and she was sail;” set in order be to “carrying “under the rules steam” and therefore not by governed one, to a Rule sail,” steamer “under by applicable solely rule sail” that “under sail” and.“carrying demonstrating were not used as terms. synonymous

In our to carry she was judgment, lights required she and these Rule expressly provided three, had. the Yosemite decision that of the Court of Appeals as

was bound to “a of two lights,” central range that she in Rule was based prescribed seven, ground upon was “in ‘a nomenclature coasting character legal by ’” “ not be steam-véssel; absolutely even this that, might true of the was nevertheless Yosemite in all situatións, true of her when waters.” inland 7,1848, of first section of act of

By August Congress 9 was author- Stat. of 141, c. 274, Treasury the Secretary ized to as vessels cause used exclusively yachts employed which were as vessels be and licensed pleasure, enrolled act was and this house; at the custom required qualify ' in- 170, amended c. 170, by that June 1870, Stat. 29, after States” of the United words serting “port thus amended words and sea to foreign ports,” was carried Statutes. forward into 4214 of the Revised section licensed

The Court of was of yachts Appeals opinion vessels, under the statute of 1848 were coasting exclusively that, the aсt permitted might the}7 TEEM, 1898. OCTOBEE. Opinion of the Court. sea to thus have a proceed by foreign double ports, might character, vessels and is, vessels entitled to coasting go the. seas to Reference was made to the upon foreign ports. fact that the was enrolled at the Yosemite of New York ' to Title conformity Fifty Revised entitled Statutes, Vessels Domestic and was also Commerce,”

“Regulation licensed Title two, entitled pursuance chapter Forty-eight, of Commerce and And it was “Regulations Navigation.” that Title related said Fifty exclusively coasting fishing while was entitled vessels, Title Forty-nine “Regulations Commerce.” The Vessels conclusion was then Foreign announced that the Yosemite, enrolled under the statute being and her license vessels, relating coasting being coasting with the added license, allowed to being proceed privilege allow, it did not to of reasonable seem doubt ports, to'foreign (cid:127)that Yosemite while the Hudson River was navigating under her license in the of a navigating character coasting vessel.

We are unable to this conclusion. While Title accept Fifty entitled convenience by way Vessels in “Regulation Commerce,” Domestic there are many contained provisions under that title to vessels in сom- relating engaged foreign them sections 4322 and merce, among 4323; enable owner of a vessel to surrender his coasting enrolment and or to vessel, his surrender his and take out an register register enrolment.

The declares the of a vessel register nationality engaged tradé, enrolment, the national character of a ves- foreign in the home traffic sel and enables her to engaged a procure license. section under the By 4318, same vessels coasting title, the waters of the northern, northeastern, north- otherwise than frontiers, be by western may sea, enrolled in such form licensed as other and need not véssels, take out a 3 certificate Mohawk, Wall. registry. the terms “coaster” vessel” Ordinarily are “coasting

' to vessels domestic between plying exclusively applied ports, to those in domestic trade as and usually engaged distinguished in the vessels between a engaged from foreign trade plying v. BEBDEN CHASE.

(cid:127)Opinion of the Court. of a country. States a foreign port port United v. Wheat. 1. Gibbons Ogden, mere that an touch

The- fact steamer may ocean-going some other of the United after States, port port leaving make- her and this is coaster, would not a recog- departure, included' nized which is of the sections section another 4337, in Title of notice. Fifty worthy architecture, naval as modeU of

Pleasure-yachts, designed al- are not coasters in are seise, any statutory they lowed to merchandise pay, transport carry passengers the words and we do not think it to reasonable construe to them the statute coasters applicable applicable' their view of character and the subject upon .legislation taken together. com-

As we have domestic remarked, engaged merce be transferred to class of vessels authorized may to a an enrolment reg- sail from foreign ports by change ister but, the Case of the statute ; yachts, provides when entitled to be enrolled as American vessels, they may States, authorized to of the United from proceed port port license, and also sea that, so simple foreign ports, business, mere not authorized to transact pleasure-boats, being as ocean- character sail to but their essential either, they may whether same, are steamers, remains such, going they of this country actually, navigating or to abroad. ports took enrolled in 1881, Yosemite was May, sea to for- to the license authorized her

out which proceed by in the States. from to United and also eign ports np license and her both was The granted, privilege doing to domestic more authorized her to ports, proceed to to than added proceed ports, privilege going foreign . to with the added foreign ports privilege enable to both, do between She could domestic ports. do so language yachts design express statute. discuss the supposed it

We have not deemed necessary 440, 16 Stat. c. 454, 1871, act of February 28, bearing TERM, OCTOBER. 1893. 698 Opinion the Court. oil in referred or the acts of 100, by error, 1861, defendant 13 c. 11 Stat. 58, 69, 1866,' 227, Stat. e. as sub- 231, acts, the same would arise under those stantially question- in if is not revised law. obscurity, any, we felt Nor have refer to the acts of March called-upon c. 1885, 354, 23 Stat. that of 20 3, 138, 19, 1890, August this 320, c. as collision in 802, Stat. occurred "We hold that Nule seven was not to the Yosem- applicable that therefore the Court erred ite, Appeals affirming .which Supreme Court, judgment approved Ayas trial instruction of the learned (to judge, exception that “the Yosémite, Avas occasion, duly saved,) upon those, which I bound have described to as you and the central absence of those range lights, statutory signals Avas,upon part, negligence.” In addition to the rules for collisions,

(2) pre preventing it was 1112 that section-1233, scribed section provided by (cid:127) board of shall establish suсh supervising inspectors to be observed all steam-vessels. regulations passing other, as each time to time déem they necessary shall The rules laid as down the latter thus safety.” authorized have force of and their enactment, statutory construction, evidence as were this (when put they case,) Avellas that of the rules under section is for the court, it is to whose them as matter of law duty apply upon , facts of a case. not mere regula given They prudential but from the time that tions, enactments, binding obligatory so the necessity long' precaution begins, continuing means avoid the remains. opportunity danger .to 23 Wall. 69. Dexter, must be The Obviously they rigorously in order to attain for Avhich were enforced object t.he which could not be masters of ATessels framed, secured their discretion permitted indulge obey respect from- is true that Nevertheless departing ing them. there extreme from their re where may cases departure is rendered but to avoid necessary peril, quirements impending to the extent-that such The L. John only danger demands. U. S. 91 U. S. Hasbrouck, ; 208; Sunnyside, u

BELDEN 699 Opinion of the Court. 92 U. The S. 146; 31; Wall. ‍​‌‌​​‌‌​‌​​‌‌​‌​​​​​​‌‌‌‌​​​‌‌‌‌‌‌​​‌​‌​‌​​​​​‌​‍City Washington, 9 Johnson, 5 Cas. The Khedive, 876; & App. The Byfoged Voorwarts 669. 4 Cas. Christensen, App. under Buie while twenty-four,

And construing obey must be had due to all of navi the rales, dangers regard ing circumstances which exist in and to may any special gation from them case, néces departure rendering any particular to avoid immediate the burden of order danger, proof sary that he was in such justified lies on the alleging depart party R.L. 1 P. C. The Irish L. 501; Lee, ure. The General Agra, Indeed, in The it was ruled 3 155. that not Agra, R. Eq. that the at the time it be shown took must it departure only in order to avoid immediate was necessary place danger, course but also calculated to that adopted reasonably it is And the settled rule avoid that this court danger. has breach of that committed when a vessel positive statute, that not her fault did not she must show only probably but that could not done so. disaster, contribute to Richelieu 125, 136; Wall. Navigation Pennsylvania, 136 U. S. Co., v. Ins. Co. Boston not a the rules is fault even a different

Obedience to and the collision, course would have necessity prevented sudden and must be clear and the before alarming emergency Masters are be excused. bound the-act of disobedience can on the assumption the rules entitled rely obey to treat will be and should encouraged obeyed, than rather the rules. of solicitude as subjects exceptions 18 How. 570. Oregon, are under steam Buie if two vessels nineteen, By crossing which hаs the other collision, as to risk the vessel so involve out of the on her shall way own starboard side keep other.” are steam if two vessels under

theBy meeting eighteenth, end on as to involve risk collision, end so on, nearly so that each may helms of both must be pass put side of the other. rules, and it This 1 of the is Bule inspectors’ repeated thus when steamers not only approaching provided TERM, 1893. Opinion Court. the of each to to the each it shall be or other, duty pass right, of either be first side of the but that other, pilot may n this and shall course, thereupon give determining pursue blast as a of his intention one short and distinct .of his signal answer which the of the other vessel shaft whistle, pilot a and steamers shall to the similar said blast, thereupon pass side of each other. {port Eule when steamers each other 2, are

By approaching an in fourth shall direction, shown they oblique (as situation,) if and to the of each other as head head,” pass meeting or and the whistles shall so, nearly signals by given answered as that case promptly specified. Eule when steamers are if, other, each

By approaching of either fails to the course vessel understand or .pilot intention of the whether from other, being signals given if in causes, answered or fi’om other erroneously, pilot, immed short shall the same several doubt, iately signify giving of shall blasts the steam -and the vessels whistle, rapid of shall be other, within half a mile each both approached slowed until answered, immediately proper signals given, and until understood, the vessels shall have passed. It to us that seems these rules were strictly applicable, When the Yanderbilt. disregarded by plaintiff the defendant was rested, 'dismiss, moved to which overruled, is contended here that on the own plaintiff’s showing the Yanderbilt was con- which palpably guilty negligence and hence that that directly collision, tributed produce motion should have been but we do not care to sustained; (cid:127)pass upon content ourselves question, indicating certain errors in the Ofthe trial rulings court, appear us to so which should essentially rules of the force deprive have been them as to amount given to a decision against rights claimed under the statute of the United States. speed Yosemite was about sixteen that of Yander- miles, biít nine miles, an hour,- other, Avere each approaching at an therefore, miles an hour. aggregate speed twenty-five The pilot Yanderbilt the white testified that he saw of the Yosemite when he was light ice-houses, between

BELDEN

Opiniоn of the Court. distant. steamers were then a mile on parallel apparently see her but He did not saw any time, courses. green light after she blew before or her red whistles. just just light he ice-house, of the lower about 'When he was abreast thought collision, a from the he headed of mile place quarter off to the eastward,” Dinsmore’s believ- house, and, way was a laid his course more to that the Yosemite tow, ing He thus the course eastward. Yosemite, crossing on the At this which was starboard. point brought pilot a short and distinct blast from his whistle of the Yosemite gave intention to his law, signal required pass Yanderbilt, this the the Yander- side pilot under blast; bilt a similar the rules it answered whereupon by' to for the steamers to the side became imperative pass bound to other. Yanderbilt was to the of each go right made the whistles; the was after by exchange single bargain after, the Yander- this, but instead immediately doing claimed on two which behalf of whistles, bilt’s gave pilot two whistles from the the were answered by yacht. plaintiff an assent true, is denied the and even to the latter; This by risk. The was at the latter’s Yanderbilt’s Yanderbilt’s change then his to slowed, on the instant sheered boat port, pilot the Yanderbilt struck the collision occurred, being nearly riglitangles. was court the the requested by instructions

Among were these : defendant below to give, “ the steamboat that Yander- 8. As the is undisputed proof each other head were and the Yosemite bilt yacht approaching their duties the law so, head, respec- nearly prescribes their whistles. to tively regard blowing “ were the'vessels the Yosemite, approaching If9. yacht Yander- and the steamboat whistle blew a other, each single course which she was the whistle, bilt answered it by single determined and each- was bound to thereupon pursue thereupon that the tois, to its to own right, was bound vessel pass the to been Yanderbilt would have which other, side of each east. to the Yosemite the and the west yacht whistle first who thereby “10. blew had The pilot the'first TERM, 1893. Opinion of the Court. the course which each then did determine was to the right to adopt. of the whistle steamboat by 11. blowing single from, the Yo- first whistle after the yacht single Yanderbilt the steamboat Yanderbilt of the an by semite was acceptance ’ Yosemite, yacht of the course so adopted election Yanderbilt to the steamboat pass it then became duty the Yosemite.” or western side of to the port after one whistle the Yanderbilt, Even if having by had a of the one whistle change yacht, accepted of two whistles, course blast unless yet the conditions time enable were yacht these two whistles given would tend Yanderbilt, to the west safety go and the was Yanderbilt situation, to complicate of two whistles.” signal event giving guilty negligence the defendant refused and excepted. These instructions on this branch of the case instructed The court jury that it on the claimed defendant that it was part the two to blow whistles and for the Yanderbilt negligence the bow of the and cross Yosemite, rank sheer take the at the time of the two plaintiff signals part out it was agreement impracticable being given been made had which had been signal given that he was whistle; of the one compelled accepted the Yosemite and believed his accepted give signals, ' while on the left, that each should go part proposition that two whistles were it was contended not of defendant the of the the Yosemite in but that started blown pilot response,- and of of of the to blow three as a repudiátion signal danger but befoi’e he could them Yanderbilt, offer made the get by left to ; out the collision occurred and the court jury in to whether the of the Yanderbilt attempting say pilot of the Yosemite was course and the bows his to cross change of accident. Rule which contributed to the guilty negligence 3 was treated in a the court similar way. the short,

In learned instructed the it was that judge jury them to determine whether those who in the man were boats or guilty’- w.ere agement respective negligence

BELDEH Brown, Opinion: Concurring J. did or or omitted not to do that and. whether

not, care to have done; of ordinary prudence ought persons but this the general way, charging refusing give the force of named, instructions above the rules of obligatory was ignored. navigation substantially the the whether, the upon proofs, question departure rules was was Vanderbilt from the justified the put the whole there was but whether negligence jury, upon this, undone. In was what done or left there such error was of in this as the avail himself so far court, defendant may saved his requests charge.- were each head

If these two steamers approaching mentioned in or Rule so, two, head, nearly obliquely,-as; their duties should respectively, law-prescribed jury no doubt and as there was that have been told so; upon each whistles the course was bound to of single pur- exchange instructions to effect should was have determined, sue assented And if the Yosemite so, been given. if an this, error, was course, Vanderbilt’s one

whistles and at most would be an error Vanderbilt, risk there both could concurred, fault, in which both the test as whether course, Of depart- be no recovery. if there were clear and excusable, rules was satis- ure from the have been effect, evidence to that applied might factory on that instructions subject, through qualifications proper above should think case we those quoted but stood, taken with the so, do actual refusal to and that the been-given, a Federal right. instructions, disposed erroneously is reversed and the the Court Appeals judgment not inconsistent is remanded proceedings cause further with this opinion. Mr. Justice.Brown concurring. concur, this the court of1 in the I

"While opinion fully contributory case should be ground reversed upon the Yosemite I think guilty the Vanderbilt, negligence failing cany range of a breach regulations TERM, 1893. Brown, Opinion: Concurring J. it Rule to seven, although may open

lights provided by to doubt whether failure contributed the collision, such view fault on the of the Yanderbilt. gross part construction ©f which the Rule seven, upon question turns, “all steam-vessels and steam-vessels requires coasting than and vessels otherwise ferry-boats expressly provided of, the . . inland the United for, navigating waters Were the Yosemite an ordi to States,” carry range lights. no her there could be doubt of vessel, obligation coasting nary with these inland waters. to be lights'when-navigating provided licensed under Rev. Sfcat.sec. 4214 ás a however, was, She as a “used exclusively pleasure-vessel, employed yacht architecture,” a model naval on terms and designed “ to to which authorized proceed to without sea States, foreign ports, entering United custom house.” She was enrolled under Rev. or clearing which relates to fish-. Title exclusively coasting Stat. To this statute construc 4214) (sec. vessels. put upon ing me that favorable seems to she her, most tion an first, with a character: invested double ocean-going second, as a steamer; vessel; that, when coasting inland waters of the she was bound country, navigating to the those and to waters, to conform usages carry law for “steam-vessels other1-than provided ferry lights otherwise and vessels for.” Even boats expressly provided vessels when that ocean inland waters admitting navigating bound to these because it.is not carry are; range lights, not. shall these I they waters, am navigate contemplated (cid:127)which between yachts, opinion ply chiefly clearly within the United States places upon ports should waters them. It seems inland country, carry an one which, me excеedingly dangerous practice, had much Yanderbilt, to do theory according ' collision in this vessels not case, permit carrying to inland appropriate navigation lights navigate waters Yessels those the.country. narrow that other are entitled vessels which waters expect they same carry, required ifieet BEBDEN, v, NOS Opinion: Brown, 3. Concurring that favor of is' distinction any particular yachts to create and confusion with liable uncertainty regard ocean, vessel. While the character approaching upon I have no doubt would be obligations by carry discharged three the and colored Rule for lights provided ing while, but the Hudson steamers, upon ocean-going plying ' under as a coast- I think she was her license River, navigating carried the should have vessel, range required ing lights inland navigation. the I

If case would even further and as it, required go say, did the case when this was heard before the dissenting judge term, steamers Hun, 571, general (34 577,) ocean-going 'when the inland of not waters country, under should sail, Rule lights provided by range not I find it difficult to this be understand seven. If obligatory, “ the words steam-vessels other than what ferry-boats ’ ”for otherwise There is an vessels expressly apply. provided which is to understand. There ferry-boats easy exception “ an otherwise also, vessels is, exception expressly provided in the which, court, .for,” opinion applies ocean-going for Rule but three; steamers, which my provided if steam- construed as these words should be reading opinion otherwise than vessels expressly ferry-boats After expressly for in ‍​‌‌​​‌‌​‌​​‌‌​‌​​​​​​‌‌‌‌​​​‌‌‌‌‌‌​​‌​‌​‌​​​​​‌​‍to i/nlanctnavigation.” provided respect it limited seems to class, are of a excepting ferry-boats, jmle under that, me a generis violation of the ejusdem ” should be words vessels otherwise expressly provided steamers, and, class ocean-going very exempted large term, these observed general as dissenting judge either as to caution, pres- used as words words are perhaps I have no doubt ent or future provisions. possible carry range lights steamers are obliged ocean-going their as far customary of-a river when waters ascending but such river; near the of such steamers wharves mouth as far as' Hudson River were in the habit of ascending would as, Louis, far St. Albany, Mississippi without them navigate exceedingly dangerous permit waters. But, those customary range provided VOL. CL—45 TERM. Opinion:

Concurring Brown, J. as before it is observed, unnecessary place liability upon Yosemite this broad ground. Cray Mr. Justice Field and Mr. Justice did not hear the and took no argument, part consideration and decision of this case.

Case Details

Case Name: Belden v. Chase

Court Name: Supreme Court of the United States

Date Published: Dec 18, 1893

Citation: 150 U.S. 674

Docket Number: 66

Court Abbreviation: SCOTUS