New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-13

set Of s4s requiring stem vessels 10 hesp in the middle
OF the East River he hs by The maritime IA aus 10
10 be In dagger Of collision each bound 10 keep
away 70 The hight and pass eseh other on hss4oosfd de
He d. that there IL no valid ussge OF uagig
ing the Est River which varies me rule oflav.
Ordered decree for damages and eos in favor OF the
Nm. c. Tompkins and others VS.. John
n Joges and otheys-Cross actions growr out ofhs col
hsion Of the schoOners Amelie and Hanover eff hog
lslsnd, on he coast OF Virginia
Held hat The Ame ia was not In fault for not carvings
light suspended IN bow but she DID
precAuuou 10 not being sup piled With light placed for
WARD thst the lookout could exhibit IT, on deserving
Fed hal both vessels were guilty Of negligence and
Of proper precauuon 10 using Og horns bella or
ober means OF notifying by sounds other vessels Of Ther
p 'srons.
10 lot having al hands dsck duTog the i1enso dark
ness, sid'ng N keepng watch and look cut
Held hist The weight OF evidences hs he master OF ne
Hanover NJ his The lookout long enough pre-
The collision To hsve avoided the Amee If pre-
vented seeing her By the thick darkness
Held hat lhe master and Of he Amsle were iust
fed in abandoning her alter the collision.
He'd that reference be hal 10 the present action Tin
REM to ascertain the losses ao damages sustained ny 0on
parties but that The value Of the cargo to BE- inc uded
OF the o,s between them
He'd hat no foundation in law fact Is laid for the
action In personem and that The libel therein die
missed with costs unless The owners thereof have made
themselves properly parties 10 the action 50 as to be con
Guided by its decision.
James T'atem vs.. Thomas KeIeV.-The
Island and The new YOrE shNre) and III liter owed
by The seam-ug Francis II. Abbott IN collision and
the brig injured Held that the IN The state OF the
wind snd tide. her feeble power, attempted TO cross
the bows Of The hrg too her II the dniy OF The
tug have kept the middle Of the stream and gone out
side of The brig If she Inside have gone 80 far
from her permit the drifE Of the wind and tide to
carry the tow against her Held that The tow was proper
ly seered, &c. and could not by the position she
placed In by the tug avoid the collision. Decree for bel
lans for damages and and reference TO ascertain
amount
aaron TOmpkinS VS.. The Steamboat
DYfcbess and Ulster SGe-amento-The steamboat
employed a freight vessel the Hudson and plaintiff
paced board OF her parcel of merchandise 10 be de-
hvered a. Peekskl She left NewYork at IN the after
noon encountered Storm when IN Tappau Bay aud at
tempted the Eastern shore 10 make hir
borthe boilers leaked Reary to exnguish the IRE,
AID she sboured the trough of the I'll her machinery
got Or order, AID she was obliged TO anehor-the
nued and the boat hn tbs second night sunk at
Der anchorage, and the goods were lost This action was
for their value.
The Court held hat the testimony showed The boat 10 be
nsfhceuty and equipped, and tnat openings eft
for the discharge Of ashes aud waeppes occaToned her
filing and SINKING; the not violent pre-
Other going though freight steamers general
In ade h6TbOr without venlung INTO The bays thar the
boat rieT and subec 10 The common law
responsibility there be contract or bill OF lading 10
The she 10 released from that hsbiy only by
Inevitable accident termed la law the act OF Cod" the 10
al accepison OF which IS or sudden aud
overpowerit violence which could be guarded s2snst
or avoided by humss precauon orce aad hat storm
% wind nsvgAhe waters so severe as 70 rem
der difficult hazardous for steamboat navgate aud
ia which The cargo the vessel Injured destroyed, IS
accident VI that character WI ch dtchages tue car
rer f ON bis responsibility. Decree for li0ellant