Summary

John McLean Pearce v. Page — Opinion of the Court

The flat-boat was heavily laden, and occupied near a hundred feet in a somewhat rapid current, and the only means of removing it out of the direction of the steamboat was, by working the end oars across the current. This could not be done successfully, unless the boats were so far apart, as by a diagonal movement to secure the aid of the current in escaping a collision.
But what is the law of the river on this subject, in regard to floating flat-boats and steam vessels? The self-moving power must take the responsible action.
Source: Wikisource

John McLean Pearce v. Page — Opinion of the Court

If danger is apprehended, it is usual to ring a slow bell, and run easy. If danger be apparent, the boat should land or stop entirely, and let the flat-boat pass.'
John F. Farrell says, 'it is the duty of a flat-boat to straighten itself in the river, ease its oars, and pursue the course with the current, and the steamboat must avoid her.' The snag in the river, Douglass says, was one hundred feet above the bow of the steamer when the boats struck.
Source: Wikisource

John McLean Pearce v. Page — Opinion of the Court

When a floating boat follows the course of the current, the steamer must judge of its course, so as to avoid it. This may be done by a proper exercise of skill, which the steamer is bound to use. Any attempt to give a direction to the floating mass on the river would be likely to embarrass the steamer, and subject it to greater hazards. A few strokes of an engine will be sufficient to avoid any float upon the river which is moved only by the current
Source: Wikisource

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