About 1.2 miles from the leeward mark, L and W were broad-reaching on starboard tack, W using only her main and jib and L carrying a spinnaker. L established a leeward overlap from astern, which continued for at least eight to ten hull lengths when L bore away to try to avoid contact. W was not heading below the leeward mark.

When the overlap was first established, L was between one and two of her lengths to leeward. She did not change course until just before the collision. W hailed L twice before the collision L did not hear the hails and was unaware that a collision was imminent. No damage or injury resulted from the collision. The protest committee disqualified W under rule 11 for failing to keep clear and under rule 14 for failing to avoid contact. It also decided that L broke rule 14, but could not be penalized for that breach because the contact did not cause damage or injury. W appealed.

The protest committee found that when L first established her overlap she was at least a hull length to leeward of W. That being so, there can be no question that L “initially” gave W room to keep clear as required by rule 15. W was required to keep clear under rule 11. Conversely, L, having been clear astern before the overlap began, was required by rule 17 not to sail above her proper course while the boats remained on the same tack and overlapped within two lengths.