The America - 92 U.S. 432 (1875)
U.S. Supreme Court
The America, 92 U.S. 432 (1875)
92 U.S. 432
1. Where two vessels under steam, meeting end on or nearly end on, neglect, until it is too late to avoid a collision, to comply with the rule requiring each to port her helm, it is no defense for either to prove that she ported her helm before the collision actually occurred. The act of compliance must be seasonable; otherwise it is without substantial merit.
2. In this case, as both vessels were in fault, the damages, and the costs in the courts below, should be apportioned between them.