CHAPTER XIII

RULES AS TO NARROW CHANNELS, SPECIAL CIRCUMSTANCES, AND GENERAL PRECAUTIONS

136. The Narrow Channel Rule.

137.

138.

The General Prudential Rule, or Special Circumstance Rule.
Sound Signals.

139. The General Precaution Rule.

THE NARROW CHANNEL RULE

136. In narrow channels each steamer must keep to the right-hand side.

Article 25 provides that in narrow channels every steam vessel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel.

This is really a branch of the port-helm rule. The latter rule applies when the vessels are meeting end on, no matter whether they are in a harbor or a narrow channel, no matter whether they are following a channel or crossing it. The starboard-hand rule emphasizes this duty as to narrow channels. It means that each must keep along its own right-hand side, no matter how the relative bearings may be from sinuosities or other causes.1

This rule was added to the inland rules by the act of June 7, 1897, though it had been in the International Rules

§ 136. 1 VICTORY, 168 U. S. 410, 18 Sup. Ct. 149, 42 L. Ed. 519; Arrow, 214 Fed. 743, 131 C. C. A. 49; Hokendaqua, 251 Fed. 562, 163 C. C. A. 556.

since the revision of 1885. The courts, however, are rigid in enforcing it.

2

The Spearman arose on the Danube, under a local rule substantially similar. The descending vessel took the left bank, and was held in fault for a collision with an ascending vessel, though the absence of lights on the latter might have contributed to the accident.

3

The Pekin was a collision case in the river Whang Poo, in China, at a point where there was a sharp bend. The Normandie, in descending, kept to the starboard side, and the Pekin was ascending. This threw the Pekin on the Normandie's starboard bow on account of the bend, and she therefore claimed that it was a crossing case, and that under rule 19 she had the right of way. The House of Lords, however, held that the course must be judged, not by the accidental bearing at a bend, but by the general channel course, and that the Pekin was to blame for cutting across to the Normandie's side.

Another interesting English case in which the rule was applied was the Oporto.*

In the Spiegel, Judge Coxe applied the rule to a collision on the Erie Canal at night, placing the responsibility on a boat which was on the wrong side.

The rule applies in fogs as well as in clear weather."

What Constitutes a Narrow Channel

This is not easy to define. In the leading case of the RHONDDA, the House of Lords held that the Straits of Messina were included in the term, and in the Leverington "

2 10 A. C. 276.

3 [1897] A. C. 532.

4 [1897] P. 249.

5 (D. C.) 84 Fed. 1002.

Yarmouth (D. C.) 100 Fed. 667; Newport News, 105 Fed. 389, 44 C. C. A. 541.

78 A. C. 549.

8 11 P. D. 117.

Other illustrations from the English decisions: Clydach, 5 Asp. M. C. 336 (Falmouth entrance); Whitlieburn, 9 Asp.

HUGHES, ADM. (2D ED.)-19

it was held that the Cardiff Drain, where it joins the entrance channel to the Roath Basin, came within the designation.

9

In Occidental & O. S. S. Co. v. Smith, it was held to include the entrance to San Francisco harbor. So with Providence river.10

As the only object of the rule is to avoid collision, the common sense of the matter would seem to be that, as it does not apply to all channels, but only to narrow channels, a channel is not narrow, in the sense of the term, unless vessels approaching each other in it are compelled to approach on such lines as would involve "risk of collision" in the sense of the navigation rules. If it is wide enough to permit two steamers to pass at a safe distance without the necessity of exchanging signals, the rule would not apply; and it would be idle to require two steamers to cross to the other side. But if it is so narrow by nature, or so narrowed by anchored vessels or other causes, as to bring approaching steamers on lines in dangerous proximity, and require interchange of signals, then the rule would apply.

It does not apply to harbor navigation. Steamers moving about promiscuously in harbors, often from one point to another on the same side, are not expected to cross backwards and forwards in the attempt to observe the rule.11

It will be observed that this rule is very cautiously word

M. C. 154 (Scheldt at Antwerp); Glengariff, [1905] P. 106 (Queenstown harbor entrance): Kaiser Wilhelm der Grosse, [1907] P. 259 (Cherbourg harbor entrance).

974 Fed. 261, 20 C. C. A. 419.

10 Berkshire, 74 Fed. 906, 21 C. C. A. 169. Other illustrations from American decisions: Acilia (D. C.) 108 Fed. 975; Id., 120 Fed. 455, 56 C. C. A. 605 (Brewerton channel); Maling (D. C.) 110 Fed. 227, 237 (Cherry Island channel in the Delaware); Dauntless (D. C.) 121 Fed. 420; Id., 129 Fed. 715, 64 C. C. A. 243 (Mokelumne river); Vera (D. C.) 224 Fed. 998; Id., 226 Fed. 369, 141 C. C. A. 199 (President Roads).

11 Islander, 152 Fed. 385, 81 C. C. A. 511; No. 4, 161 Fed. 847, 88 C. C. A. 665; Wrestler, 232 Fed. 448, 146 C. C. A. 442.

ed. It only applies when it is "safe and practicable," and it only requires the "ship to keep to the right of the fairway or mid-channel." This means the water available for navigation at the time. For instance, if half of a narrow channel was obstructed by anchored vessels, the "fairway or mid-channel" would mean the part still unobstructed, and require the vessel to keep on her half of the channel still remaining, though that was not on the starboard side of the ordinary navigable channel. It would not be "safe and practicable" to do otherwise.12

Neither the Lake Rules nor the Mississippi Valley Rules' contain this provision, but they have their own rules for narrow channels, the substance of which is that the boat with the current has the right of way.

In the Lake Rules she must give the first signal, but in the Mississippi Valley Rules the ascending steamer does so.

But under the Mississippi Valley Rules the courts require each boat to keep to the right side as a matter of careful navigation.1

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THE GENERAL PRUDENTIAL RULE, OR SPECIAL CIRCUMSTANCE RULE

137. The general prudential rule, or special circumstance rule, allows departure from the other rules, but only in extreme cases.

Article 27 provides that in obeying and construing these rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may

12 On the meaning of these words, see Smith v. Voss, 2 Hurl. & N. 97; RHONDDA, 8 A. C. 549; Clydach, 5 Asp. 336; Leverington, 11 P. D. 117; Oliver (D. C.) 22 Fed. 849; Blue Bell, [1895] P. 242; Glengariff, [1905] P. 106; Clutha Boat 147, [1909] P. 36; Turquoise, [1908] P. 148.

13 Jakobsen v. Springer, 87 Fed. 948, 31 C. C. A. 315; Albert Dumois, 177 U. S. 240, 20 Sup. Ct. 595, 44 L. Ed. 751.

render a departure from the above necessary in order to avoid immediate danger.

In the multitude of possible situations in which vessels may find themselves in relation to each other, there are necessarily occasional cases in which obstinate adherence to the rule would cause collision, when disregard of it might prevent it. This rule is made for such cases. These exceptional circumstances usually arise at the last moment, so that this rule has well been designated the rule of "sauve qui peut." It cannot be used to justify violations of the other rules, or to operate as a repeal of them. The certainty resulting from the enforcement of established rules is too important to be jeopardized by exceptional cases. Any rule of law, no matter how beneficial in its general operation, may work occasional hardship. Hence the courts lean in favor of applying the regular rules, and permit departure from them only in the plainest cases.

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The principle which governs such cases existed and was applied long before it was enacted in the present rule. It is well expressed by Dr. Lushington in the John Buddle," where he said: "All rules are framed for the benefit of ships navigating the seas, and, no doubt, circumstances. will arise in which it would be perfect folly to attempt to carry into execution every rule, however wisely framed. It is at the same time of the greatest possible importance to -adhere as closely as possible to established rules, and never to allow a deviation from them unless the circumstances which are alleged to have rendered such deviation necessary are most distinctly proved and established; otherwise vessels would always be in doubt and doing wrong."

In the Khedive,15 two vessels were approaching each other green light to green light, when suddenly one ported, thereby establishing risk of collision. The captain of the

155 A. C. 876. For a somewhat similar case, see the Kingston (D. C.) 173 Fed. 992.