U.S. Supreme Court
The Grace Girdler, 74 U.S. 7 Wall. 196 196 (1868)
The Grace Girdler
74 U.S. (7 Wall.) 196
1. Although the rules of navigation require that a vessel coming up behind another and on the same course with her shall keep out of the way, yet the rule presupposes that the other vessel keeps her course, and it is not to be applied irrespective of the circumstances which may render a departure from it necessary to avoid immediate danger.
2. Where, in case of collision with loss, there is reasonable doubt as to which party is to blame, the loss must be sustained by the one on which it has fallen.
3. This Court will not readily reverse in a case of collision depending on a mere difference of opinion as to the weight and effect of conflicting testimony, where both the district and circuit courts have agreed. It affirmed, accordingly, a decree in such a case.