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1960 JAG J. 13 (1960)
Notes

handle is hein.journals/naval1960 and id is 39 raw text is: RUMPELHEIMER vs. HADDOCK PORT TO PORT THE PLAINTIFF was driving his motor car on Chiswick Mall. High, equinoctial tides had covered the roadway which borders the Thames, with water to a depth of over 2 feet on the river side of the road and and a few inches on the land side. Plaintiff testified that, pursuant to English land law, he was steering his motor car along the left, or land side, of the road where the water was shallow. Whilst so engaged, he was somewhat startled to see the defendant approaching on the same side but bound the other way navigating a shallow draft craft with a paddle. Plaintiff sounded his horn vigorously but defendant held his course and speed, whereupon plaintiff discourteously shouted, Out of the road, to which defendant replied port to port, all salts are taught--I am directing my course to starboard-give way you fixy beetle. Obeying the instinct of humanity, as a stout-hearted Britisher always will, plaintiff swerved to the right rather than collide with defendant's fragile craft. This brought him into deeper water which penetrated the delicate machinery of his motor car causing it to stall. The discussion and interchange of views which followed reflected small credit upon the gentility, breeding, and education of either party. The motor car was compelled to heave to until the tide ebbed. In gross disregard of the customs of the sea, defendant declined to convey plaintiff to shore fearing a breach of the peace. At ebb tide, a survey revealed that plaintiff's motor car had suffered serious damage and had to be towed to a garage. Plaintiff deposed that he had also lost his appointment, thereby suffering further pecuniary damage. SAID THEIR Learned Lordships, rendering a decision on the Law and on the Merits: The defendant is clearly one who insufficiently ap- preciates the value of the motor-car to the human race. But we must not allow our natural detestation for such an individual to cloud our judgment. The meanest citi- zen, actuated by the meanest motives, is entitled to insist upon the enforcement of the law. The question is, 'What is the law?' a question which frequently arises in our Courts and sometimes receives a satisfactory answer. Now, the law or custom of the road is that when two vehicles meet they shall each keep to the left. But the law or custom of the sea is that when two vessels meet they shall go to starboard and pass port to port, that is to say, they shall each keep to the right. It is the con- tention of Mr. Haddock that when the tide covers the road that road becomes a part of the tideway, that traffic upon it is thenceforth governed by the regulations and customs of the sea, and that he did right, therefore, to steer so as to pass Mr. Rumpelheimer on his port hand. Further, it is the duty of a steam-vessel to keep out of the way of a rowing-boat; and Mr. Haddock argues that the plaintiff's motor-car when navigating the tideway has the status of a steam-vessel, and that plaintiff has nobody but himself to blame. With considerable reluctance we find that there is some substance in these contentions. The law of the land says one thing; the law of the water says the con- trary; and it seems elementary that (upon navigable waters) the law of the water must prevail. It is idle to say that Chiswick Mall was not at the time of the accident navigable water. Mr. Haddock was, in fact, navigating it, and if Mr. Rumpelheimer chooses to navi- gate it at the same time he must be bound by the appro- priate regulations and should make himself familiar with them. Mr. Rumpelheimer makes the rather childish objection that his motor-car is not a vessel and ought not to be treated as such. I find no difficulty there. Re- cent developments of the internal-combustion engine, and in particular the outboard motor, have produced a type of water conveyance which in aspect and dignity is little more than a floating automobile; and though Mr. Rumpelheimer's motor-car appears to be unsea-worthy it is otherwise as much a boat as many motor-boats. The point is that, boat or not, it was navigating the tideway. Again, it was argued for the plaintiff that, since the high-road was only covered with water by an excep- tional inundation of short duration, it cannot be held to have lost the character of a high-road. But to accept this view would be to admit a very dangerous and con- fusing precedent. Suppose that large sections of our southern counties were covered for a long period by exceptional floods, so that the inhabitants were com- pelled to cross them regularly in steam- or motor-vessels, can it be doubted that the regulations of the water, as to the avoidance of collisions, the carrying of lights, sound-signals in case of fog, and so forth, would be ob- served and enforced in that area? Yet in principle the two cases are the same; and differences of degree cannot be allowed to derogate from principle. The fact that a certain area of water was once dry land and is expected to be dry land again is unimportant. Much of what we now know as land was once covered by the ocean, and vice versa; but a motorist would not be allowed to appeal to the customs of the sea because he was cross- ing the Romney Marshes, on the ground that that land used to be sea. In the same way it is idle for the plain- tiff to urge that Chiswick Mall used to be dry land. The question in every case must be a question of fact-Was this area at the material dates water or dry land? And neither geographical size nor extent of time is a relevant consideration. We find in this case that the scene of the mishap was water, and tidal water. Now, tidal waters lead to the ocean and are navigated by the vessels of every maritime country. The Regulations upon which Mr. Haddock relies are not of British origin or sanction only; they govern the movements and secure the safety of the ships of the world. The nations rely upon each (Continued on page 19) FEBRUARY 1960

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