duty of both to stop and reverse; but where the sound signal apparently comes from a definite direction, a steamer is justified in steering away from it. If, after such change of course, the approaching vessel appears to be nearer, it is the duty of the steamer to stop and reverse until the position of each is understood.2

As before stated, there is no absolute rule requiring a vessel to lay to during a fog. Such a course of action might be more dangerous than to continue under way under moderate speed. Nor can it be said that it is the duty of a steamer to stop and reverse every time the fog signal of another is heard. Such a requirement would not only become burdensome, but would be impracticable. Where the sound signals of an approaching vessel appear to be on either bow, and approaching, and in the near vicinity, this rule requires the vessel hearing to stop and reverse.3

Sec. 48. Error in locating vessel in fog. Inability to determine the position of a ship in a fog is not of itself negligence where the vessel uses all means within its power to discover the exact situation and direction of the ship giving the sound signals. If a sound signal appears to come from a certain definite direction, there is no liability for a failure to make allowance for the deflection of the sound by reason of the fog, and a vessel is justified in acting upon the apparent direction of the sounds. And where it appears that a

1 The Britannic, 39 Fed. R. 395; The Kate Butteroni, 59 Fed. R. 494. 2 The Lepanto, 21 Fed. R. 651; The City of Atlanta, 26 Fed. R. 456.

3 The Britannic, 39 Fed. R. 395; The Pottsville, 24 Fed. R. 655; The City of Atlanta, 26 Fed. R. 456; The Stamford, 27 Fed. R. 227.

Where a vessel is placed in danger by the fault of another, she is bound to stop and reverse, and will not be excused for an

omission to do so, except upon clear proof that such failure was rendered necessary by the circumstances of the case or that it did not contribute to the collision. The Jay Gould, 19 Fed. R. 765.

The Oregon, 27 Fed. R. 751; The City of Atlanta, 26 Fed. R. 456.

Where an injured vessel did not hear the fog-horn of one colliding with it, the evidence showing that such fog signals were given, it was held that the failure of the injured

vessel has used ordinary prudence under all circumstances, the courts are very slow to hold her in damages for inability to account on scientific principles for her failure to hear and locate fog signals shown to have been given.' Where the noise created by the passage of a vessel through the water, either from the working of her machinery or otherwise, is sufficient to prevent the sound signals of an approaching vessel from being heard, it becomes her duty to stop occasionally and listen for sound signals of vessels that may be approaching, or to slow down to such a degree of speed that the noise of her own passage through the water will not interfere with ability to hear the approach of others.2

The known presence of other vessels in foggy weather imposes upon those knowing such fact a higher degree of caution than if such presence were unknown; a higher degree of caution being required in the presence of a known danger than when it is remote or uncertain.3

Sec. 49. Navigating in fog near docks and piers.-A greater degree of vigilance is required of a ship navigating the waters of a harbor in foggy or thick weather, where the passage of vessels is of frequent occurrence, than on the boat to hear them did not of itself attributed to inevitable accident render the vessel liable for the in- and the loss remain where it fell.

jury.

that

Proof that the signals were given, but not heard, only shows the best-known precautions may safety. at times fail of securing The Negaunee, 20 Fed. R.

918.

The Leland, 19 Fed. R. 771.

? The Oregon, 27 Fed. R. 751.

The Lepanto, 21 Fed. R. 651.

There is no statutory rule requiring signals to be given by a large fleet of canal-boats in tow in a fog. And where a large fleet of such boats is entirely under the control of the tug, it is treated as one vessel, so far as signals go, and

Where a steamer is properly offi- the duty of giving the proper and cered and manned, and they are necessary fog-signals devolves enattentive and alert and locate a tirely upon the tug. The James whistle to the best of their judg- Berwind, 44 Fed. R. 693. ment, if not negligent in other

The Nacoochee, 22 Fed. R. 855;

particulars, and a collision ensues Rogers v. The Phoenix and The on account of an erroneous loca- Atlanta, 50 Fed. R. 330.

tion of the fog signal, it must be

4 See Inspectors' Rule V.

high seas, where the liability of meeting others is less. A vessel has no right to run in a dense fog near piers, docks and anchorage grounds, where vessels usually tie up or are moored, except at the slowest rate of speed possible, consistent with steerage-way, and with a due observance of every other precaution that can be invoked to guard against collision.1

Sec. 50. Sailing-vessels navigating in fog.-The international rules provide that "a sailing-vessel of twenty tons gross tonnage or upwards shall be provided with a fog-horn and bell."

"A sailing-vessel under way shall sound, at intervals of not more than one minute, when on the starboard tack, one blast; when on the port tack, two blasts in succession; and when with the wind abaft the beam, three blasts in succession."

"Every person shall, in a fog, mist, falling snow or heavy rain-storm, go at a moderate speed, having careful regard to the existing circumstances and conditions." 2

Ordinary prudence and good seamanship alike require a sailing-vessel navigating in foggy weather to go at a moderate rate of speed and to use all possible precautions against collisions by making some sort of detonating signal, whereby other ships may be apprised of its presence and situation; and this, irrespective of any rule on the subject,

1 The St. John, 29 Fed. R. 221; The Howard, 30 Fed. R. 280; The Demorest, 25 Fed. R. 921.

A steam-tug moving in a slip in a fog and inside the ends of the piers is not required to sound her whistle as a signal to a steamer moving in the channel outside the slip and beyond the ends of the piers. The Shady Side, 17 Blatch. 132.

Where a tug had tied up to the water-end of a pier, in a fog, in the

usual course of ferry-boats passing there, and allowed her bow to swing off some distance in the channel, it was held that the tug was in fault for unnecessarily and imprudently mooring in the exposed situation, when she might have gone in alongside the pier. Mews v. The Maria Hoffman, 46 Fed. R. 408.

226 U. S. Stat. at L. 320, arts. 15, 16; 23 U. S. Stat. at L. 440, arts. 12, 13; Rules for the Great Lakes, rule 14.

especially in a thoroughfare where other vessels may be expected to pass. A high rate of speed in a dense fog is less justifiable in a sailing-ship than in one propelled by steam, as she has less facilities for quickly stopping and changing her movements. The rule of moderate speed is enforced with the same or a greater degree of strictness in the case of sailing-vessels than in the case of steamships. They must reduce their speed when occasion demands, or abide the consequences of a failure to do so. Circumstances so unusual as to justify a sailing-vessel from taking the ordinary precautions to guard against collision by reducing speed, using a fog-horn, or complying with other statutory requirements, would exonerate a steamer for violating the same rules under like circumstances.3

1The Rhode Island, 17 Fed. R. hibited a lighted torch, and that 554; The Johns Hopkins, 13 Fed. R. nothing short of absolute certainty

185.

that it would have done no good The Louisiana, 2 Ben. 371; The would justify an omission to obey Chancellor, 4 Ben. 153; The Black- the rule in this regard. That she stone, 1 Low. 487, 485; The Monti- was in fault for sounding one blast

cello v.

Mollison, 17 How. 152.

only of her fog-horn, when on her

The Bay State, Abb. Adm. 235. port tack, instead of two; and that A sailing-vessel is bound under she was in fault also for sailing the rules to have and use mechan- short-handed in a fog, having only ical means for sounding her fog- two men on deck, one attending to horn; and a sailing-ship using a going about and one acting as lookfog-horn sounded by the breath in- out. The Elenora, 17 Blatch. 88; stead of one sounded by a bellows Elliott v. Stafford, 37 Fed. R. 811. is not complying with the rules, and is guilty of negligence in this to obscure a steamer's lights, it was respect. The Wyanoke, 40 Fed. R. held carelessness in a sailing-vessel 702; The Catalonia, 43 Fed. R. 396; not to reduce her speed in a course The Energy, 42 Fed. R. 301.

Where the fog was so thick as

where she was likely to meet other

in a common thoroughfare of ship- Adams v. The Bolivia, 43 Fed. R. Where a sailing-vessel in a fog, vessels. The Vesper, 9 Fed. R. 569; ping, heard fog signals from ves

sels

did

obscured from its view, and

not display a lighted torch or

173.

A sailing-vessel tacking in a fog is not relieved from giving the fog

sound proper fog signals, it was signals prescribed by the rules dur

held

that she should have ex

ing the process of coming in stays.

Sec. 51. Vessels anchored in a fog.-The international rules of 1890 provide that:

"(d) A vessel when at anchor shall, at intervals of not more than one minute, ring the bell rapidly for about five seconds."

"(e) A vessel at anchor at sea, when not in ordinary anchorage ground, and when in such a position as to be an obstruction to vessels under way, shall sound, if a steamvessel, at intervals of not more than two minutes, two prolonged blasts with her whistle or siren, followed by ringing her bell, or, if a sailing-vessel, at intervals of not more than one minute, two blasts with her fog-horn, followed by ringing her bell."1

The international rules of 1885 provide that "a steamship and a sailing-ship when not under way shall, at intervals of not more than two minutes, ring the bell." 2

The regulations for the Great Lakes provide that "any vessel at anchor, and any vessel aground in or near a channel

It is her duty, until she gets the wind on the other tack, to treat herself as still on the same tack as when she began to come in stays, and only change it when she gets the wind for the other tack. The Constanta, 62 L. T. (N. S.) 236.

A vessel is under obligation to give sound signals on her fog-horn not only when she is actually enveloped in a fog, but also when she is so near it that it is necessary that her position should be known to any vessel that may happen to be within it. The Perkiomen, 27 Fed. R. 573.

A sail-vessel is under no duty to disregard the rule requiring it to hold her course because in a dense fog the bearing of an approaching steamer does not appear to change

as determined by her fog signals. La Normandie, 58 Fed. R. 427.

Where two sailing-vessels are proceeding in a dense fog, one having the wind free, the other closehauled on the starboard tack, the rules required that the vessel having the wind free should pass astern of the other, the one closehauled keeping her course. Not being able to do this with safety, they both changed their courses, but without slackening speed, and ran nearly parallel for a short time, when they resumed their former course and came in collision. Held, that both were at fault and the damages were divided. The S. Anderson, 27 Fed. R. 392.

126 U. S. Stat. at L. 320, art. 15. 223 U. S. Stat. at L. 441, art. 12 (c).