L. Boxers Sons Co. v. United States
L. Boxers Sons Co. v. United States
Opinion of the Court
(after stating the facts as above). We find no merit in the assignments of error which refer to the navigation of the two vessels. The finding of the District Judge that the Climax blew a single whistle, which was not answered, and thereafter a second single whistlé, which the Cactus answered with two whistles, is clearly supported by the testimony, including the disinterested witnesses. The contradictory testimony of the Cactus as to the signals, that she gave the first signal (a two-blast one) is overwhelmingly controverted. But even the Cactus concedes that at no time did the Climax assent with a two-whistle signal to the Cactus’ two-whistle signal.
Upon the story of the master of the Cactus it is manifest that the collision happened because of his entire disregard of the starboard hand rule, a disregard which resulted, as his testimony shows, from his ignorance of its requirements.
The decree is affirmed.
Reference
- Full Case Name
- L. BOXERS SONS CO. v. UNITED STATES
- Status
- Published
- Syllabus
- 1. Collision (§ 38*)—Rules of Navigation—Right to Assume Reopee Navigation. A privileged vessel is entitled to assume that, although the burdened vessel may at first propose to exchange rights of way, it will, if such proposal be rejected, conform to the rules of navigation. [Ed. Note.—For other cases,-see Collision, Cent. Dig. §§ 37, 38; Dec.Dig. § 38.*] 2. Collision (§ 137*)—Suit Against United States—Special Act of Congeess Authorizing. Under a special act of Congress for the relief of the owner of a lighter injured in collision with a government vessel, and ,of her cargo, which was lost, authorizing a court of admiralty to pass on the case, and. if it should determine that the government vessel was in fault, providing that the vessel and cargo owners should be reimbursed for their damages and loss, recovery for loss of the cargo is not precluded, because it was insured and the insurance collected. [Ed. Note.—For other cases, see Collision, Cent. Dig. § 291; Dec. Dig. § 137.*]