American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-12-15
[Repofted 'or the American Republican,,
COURT PROCEEDINGS

l.. S. District Court. The following decisions
were delivered by Judge Heath, in this Court,
on Saturday last:
Robert Taylor VS.. LemueI G. Taylor, in an
action to recover damages alleged to have been
sustained in the destruction Of a small boat, in
consequence Of collision between the steam
boats Boston and Mary land, of which they are
captains. The Judge briefly and succinctlY re-
viewed the estimony-eXhbting the fact that
the two steamers simultaneously left their re-
spectve places OF landing at Annapolis; the
Mary land taking the southern side of the har-
Dor, and the Boston the northern side, IN pass
! ing out; and that, keeping their course, some
two hundred yards apart, until reaching a beuy,
about two miles distant, which is placed on a
bar extending from the southern shore, when
| Capt. Taylor Of the Maryland, seeing the Bos-
ton was edging in towards his boat, called to
the captain of the Boston, and told him Of his
fears OF running on the bar, if the Boston should
continue to bear down upon the Maryland; that
the Boston, leaving the open sea-way, came so
near the Maryland, as to entangle her small
boat, which was swinging at her side, IN the
anchor of the Maryland; that the Maryland
paused, while the Boston pressed onward, there
/ by detachng her small boat, and leaving it on
the railing of the Maryland, in broken condi-
tion--with the spar Of a wheelbarrow, on the
deck Of tho Maryland, run through her bottom;
that the boat was cut loose and flung overheard.
The Judge, with this state Of facts, said there
could be no difficulty in coming to n concu-
sion in the matter at issue. The testimony
had elected the fact that there are certain ma
Rhine rules, assumed by some persons, as to
their rights upon tile sea, which were positively
erroneous. Congress has wisely enacted laws
for the protection Of the lives and property of
the citizens of the United States, against the
unskilfulness or yiclousness of persons into
whose charge they might be entrusted, by pu-
nshing such delinquents with the loss of their
liberty. The rules governing the conduct of
parties on land, were alike applicable to those
on the water. Suppose, for instance, two per-
sons in charge of carriages, were driving up a
lane of sufficient breadth to admit ten such We
hicles ABREAST each of these carriages, in start
ing, were keeping close to the opposite sides of
the lane-leaving wide space between them;
that, afterwards, one of the drivers should tnrn
his horses, (the other pursuing his original
course, } SO as to bring the two vehicles in con-
tact, and by locking their wheels, injure the
| other carriage; or, so turning, should attempt
to force his carriage in front of the other, TO
take its track, and, in doing -, should kill
horse in the carriage that had kept It's first
course; in either case, there would be no ques-
ton as to the responsibility Of the person who
had deviated from his original track. The cap
tans in this case, in the very start, had selected
their route, and the Maryland, not deviating,
the responsibility for all damages, attaches to
the captain Of the Boston, for having molested
the Maryland in her route. The Judge was
clear and explicit in the delivery of his opinion,
and Gmliarlzed the positions assumed, by nu-
merous most happy comparisons. The suit