Page:Federal Reporter, 1st Series, Volume 9.djvu/933

D18 FEDEEAL REPORTER. �rence may have arisen from the default of another? Suppose, for example, that in attempting to escape from an impending collision a vessel sustains damage by reason of defective steering apparatus or rigging, from which she would have escaped had it been sufficiently provided. Or suppose that, being oompelled to slip her anchor, she might readily have secured her safety had she been provided with proper lines and hawsera, but owing to the entire absence of these she is stranded. Or suppose that she is overladen and unmanage- able, and from that cause unable to execute a maneuver which she might otherwise have safely accomplished, �It would seem that in these and similar cases that when a vessel is endangered by the fault of another, and is unable to secure her safety through the want of the usual and proper appliances and means, she is herself as much in fault as if her inability cornes from the want of proper skill and diligence on the part of her officers and crew. But if her inability has been the resuit of a peril of the sea or vis major, the consequences of which she has been unable to rem- edy, then her defective means should not be imputed to her as a fault. �It is unnecessary to pursue this discussion further. Perhaps what has already been said is superfiuous, as it is certainly ohiter. In my judgment the accident in this case is not to be attributed to the negligence of the Austria, but to "inevitable accident." Numerous authorities deflning the meaning of this term, and illustrating its application, have been cited at the bar. It will be sufficient to quote the language of the supreme court in a single case : �" Inevitable accident," says tJie court, " is where a vessel is pursuing a law- f ul avocation in a lawful nianner, using the proper precautions against danger, and an accident occurs. The Mghest degree of caution that can be used is not required. It is enough that it is reasonable under the cireumstances ; such as is usual in similar cases, and has been found by long experience to be surticient to answer the end in view — the safety of life and property." The Braoe Qird- ler, 7 Wall. 203. �The Austria was made fast to the wharf by a gang of stevedores, under the direction of Capt. Batchelder, a master stevedore of 30 years' standing, assisted by two foremen of great experience. �It is unnecessary to enumerate the various chains and hawsers by which she was attached to the wharf. In the judgment of all con- cerned in the operation they were sufficient to seeure her safety ��� �