Charles Evans Hughes

“ The plain purpose of the Inspectors' Rules is to minimize the danger of collision. The so-called privileged vessel has no absolute right to keep her course and speed regardless of the danger involved in that action. Her right to maintain her privilege ends when there is danger of collision and in the presence of that danger both vessels must be 'stopped and backed if necessary, until signals for passing with safety are made and understood'. ”

“ Every steam vessel which is directed by these rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse.'
Applying these statutory provisions, and viewing the situation as one of 'crossing courses', the Court of Appeals found that no fault appeared in the navigation of El Isleo, the 'privileged vessel'. The fault of the Eastern Glade was found to be glaring and alone sufficient to account for the disaster. ”

“ He did not 'reverse as promptly as he should', for when the dangerous situation was presented 'he was not privileged to continue on his course on the chance that the other vessel would change her announced purpose if he refused to consent'. The Court of Appeals aptly said: 'It is a hard rule which requires a master when he sees another vessel about to cross his bow with wanton disregard of his rights to stop and allow the arrogant usurper to pursue his wrongful course. But safety is better than pride ”