United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lie v. San Francisco & Portland S.S. Co., 243 U.S. 291 (1917)

Lie v. San Francisco & Portland Steamship Company

No. 110

Argued December 21, 1916

Decided March 6, 1917

243 U.S. 291

Syllabus

When a steam vessel proceeding in a fog hears apparently forward of her beam the fog signal of another vessel whose position is not ascertained, the duty to stop the engines, if the circumstances admit, is imperative, under Article 16 of the International Regulations for preventing collisions at sea, adopted by the Act of August 19, 1890, 26 Stat. 320, and effective July 1, 1897, 29 Stat. 885.

A negligent breach of this statutory duty, contributing directly to cause a collision, is not excusable upon the ground that the vessel was navigated in accordance with what would have been good seamanship had not the duty been imposed.

When a collision is attributable to the palpable negligence of both masters, the negligence of each continuing to operate as an efficient cause until the moment when the accident occurs, the doctrine of major and minor fault does not apply.

219 F.1d 4 affirmed.

The case is stated in the opinion.