COLLISION. In Maritime Law. The act of ships or vessels striking.together, or of one vessel running against or foul of another.
2. It may 'happen without fault, no blame being imputable to those in charge of either vessel. In such case, in the English, American, and French courts, each party must bear his own loss. Pardessus, Droit Comm. p. 4, t. 2, c. 2, 4 ; Story, Bailm. 609 ; 1 Conkling, Adm. 306 ; 14 How. 352.
It may happen by mutual fault, that is, by the misconduct, fault, or negligence of those in charge of both vessels. In such case, neither party has relief at common law, 3 Kent, Comm. 3 Carr. & P. 528; 9 id. 613 ; 11 East, 60 ; 21 Wend. N. Y. 188, 615 ; 6 Hill, N. Y. 592 ; 12 Mete. Mass. 415 ; 26 Me. 39 ; but the maritime courts aggregate the damages to both vessels and their cargoes, and then divide the same equally between the two vessels. 3 Kent, Comm. 232; 1 Conk ling, Adm. 374-376 ; 16 Bost. Law Rep. 686 ; 17 How. 170; Gilp. Dist. Ct. 579, 584; Crabbe, Dist. Ct. 22. See 1 Swab. Adm. 60-101.
3. It may happen by inscrutable fault, that is, by the fault of those in charge of one or both vessels and yet under such circum stances that it is impossible to determine who is in fault. In such ease the American courts of admiralty and the European mari time courts adopt the rule of an equal divi sion of the aggregate damage. Day. Dist. Ct. 365 ; Flanders, Mar. Law. 296. But the English courts have refused a remedy in ad miralty. 2 Hagg. Adm. 145 ; 6 Thornt. Adm. 240.
It may happen by the fault of those belong ing to one of the colliding vessels, without any fault being imputable to the other vessel. In such case the owners of the vessel in fault must bear the damage which their own vessel has sustained, and are liable as well as their master to a claim for compensation from the owners of the other vessel for the damage done to her, 1 Swab. Adm. 23, 173, 200, 211; 3 W. Rob. Adm. 283 ; 1 Blatchf. C. C. 211 ; 2 Wall. Jr. C. C. 52 ; 1 How. 28 ; 13 id. 101 ; although wilfully committed by the master. Crabbe, Dist. Ct. 22; 1 Wash. C. C. 13 ; 3 id. 262. But see 1 W. Rob. Adm. 399-406 ; 2 id. 502; 1 Hill, N. Y. 343; 19 Wend. N. Y. 343 ; 1 East, 106 ; 6 Jur. 443.
4. Full compensation is, in general, to be made in such cases for the loss and damage which the prosecuting party has sustained by the fault of the party proceeded against, 2 W. Rob. Adm. 279, including all damages which are fairly attributable exclusively to the act of the original wrong-doer, or which may be said to be the direct consequence of his wrongful act. 3 W. Rob. Adm. 7, 282 ; 11
Mees. & W. Exch. 228 ; 1 Swab. Adm. 200 ; 6 N. Y. Leg. Obs. 12 ; 1 Blatchf. C. C. 211 ; 2 Wall. Jr. C. C. 52 ; 1 How. 28 ; 13 id. 113; 17 id. 170.
The personal liability of the owners is, however, limited in some cases to the value of the vessel and freight. Code de Comm. art. 216 ; Stat. 17 & 18 Viet. c. 104 (Mer chants' Shipping Act), pt. 9, 503 et seq. ; 9 U. S. Stat. at Large, 635 ; 10 id. 68, 72, 73 ; 3 W. Rob. Adm. 16, 41, 101; 1 Eng. L. & Eq. 637 ; 3 Hagg. Adm. 431 : 15 Mees. & W. Exch. 391; 3 Stor. C. C. 465 ; Day. Dist. Ct. 172 ; 16 Bost. Law Rep. 686 ; 2 Am. Law Rev. 157. See 5 Mich. 368. In maritime law the vessel itself is hypothecated as secu. rity for the injury done in such cases. 1 Swab. Adm. 1, 3 ; 22 Eng. L. & Eq. 62, 72 ; 15 Bost. Law Rep. 560; 14 How. 351; 16 id. 469.
5. For the prevention of collisions, certain rules have been adopted (see NAVIGATION RULES) which are binding upon vessels ap proaching each other from the time the neces sity for.precaution begins, and continue to be applicable, as the vessels advance, so long as the means and opportunity to avoid the danger remain. 21 How. 372. But, whatever may be the rules of navigation in force at the place of collision, it is apparent that they must sometimes yield to extraordinary cir cumstances and cannot be regarded as bind ing in all cases. Thus, if a vessel necessarily goes so near a rock, or the land, that by fol lowing the ordinary rules she would inevi tably go upon the rock, or get on shore or aground, no rule should prevail over the pre servation of property and life. 1 W. Rob. Adm. 478, 485 ; 4 J. B. Moore, Priv. Coun. 314. No vessel should unnecessarily incur the probability of a collision by a pertinacious adherence to the rule of navigation, 1 W. Rob. Adm. 471, 478 ; 2 Wend. N. Y. 452 ; and if it was clearly in the power of one of the vessels which came into collision to have avoided all danger by giving way, she will be held bound to do so, notwithstanding the rule of navigation. 6 N. Y. Leg. Ohs. 190; 6 Thornt. Adm. 600, 607 ; 7 id. 127; 15 Bost. Law Rep. 390. But a vessel is not required to depart from the rule when she cannot do so without danger. 6 N. Y. Leg. Obs. 190 ; 2 Curt. C. C. Rep. 363 ; 18 How. 581.