The Manitoba - 122 U.S. 97 (1887)
U.S. Supreme Court
The Manitoba, 122 U.S. 97 (1887)
Argued May 5, 1887
Decided May 23, 1887
122 U.S. 97
Prior to a collision between two steam vessels, the C. and the M., they were moving on nearly parallel opposite but slightly converging lines, and that fact was apparent to the officers of both for some considerable time before the C. ported and ran across the course of the M. The M. did not slacken her speed or signal her intentions or reverse until it was too late. The relative courses of the vessels, and the bearing of their lights, and the manifest uncertainty as to the intentions of the C., in connection with all the surrounding facts, called for the closest watch and the highest degree of diligence on the part of each with reference to the movements of the other. Held that although the C. was in fault, the M. was also in fault for not indicating her course by her whistle and for not slowing and for not reversing until too late.
The proper mode of applying a limitation of liability where both vessels are in fault and the damages are divided and both vessels are allowed such limitation stated.
The M. having been bonded in the limited liability proceedings on a bond in a fixed sum conditioned to "abide and answer the decree," that sum does not carry interest until the date of the decree of the district court.
The loss of the C., with interest from the date of the collision to the date of the decree of the circuit court, exceeded the loss of the M., with like interest, by a sum one-half of which was greater than the amount of such bond, with interest from the date of the decree of the district
court to the date of the decree of the circuit court. It was therefore proper for the circuit court to award to the C., as damages, the amount of the bond, with such interest.
In admiralty. The case is stated in the opinion of the Court.