The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-13
United states District Court
by the Hon. Judge Belts.


MAacH H. Decisions In writing rendered in the
following cAsss:-
-, Robert =. Fsnderater rs jacob r. Westerrst-rhe
hsssnt sued for damages to his steam tug Margaret
kembie, occasoned BY collision with the deponsnts
sioop Novelty, In the East river
The sloop was at anchor Of Jackson ferry on the
Brooklyn SIDE, and the tug passing up inside
OF her she was In the act OF being got under way sud
either the anchor had been started she sheersd
upon her cable and ran into tho tug, doing the
damages complained Of
HeId-That both vessels were in fault; that 1t was
petent man to prevent the sheer II the anchor had
not been moved. and IL that trppsd to have kept
tha, ihs tus was In fault IN at.smp,ins to 20 in,d.
the sloop; BY the Of April Ia ISss she bound
70 keep In the middle OF the river and this Court en-
forcee the observance OF the State law .E navigating
oIdered-An equal apportlon ofths loss between
the horiant and respondent and each party to bear
Spauei r. TtsdoH and Others u.s. The Steamboat Hr.-
The schooner swned by the lbellants and the steam
beat Hero came In collision in the night time In the
Sound There was great contradiction In the plsadnss
and proofs to the facts attending the occurrence
Reid By the Court that the fault lay with the steamer
1t was her duty, under the circumstances, to have
taken reasonable TO keep clear Of the schson
and the schooner committed false movement IN
apprehension Of the collision still tn, steamer was to
blame In pressing close upon her and must bear the
consequences even II the wrong movement Of the
schooner ct the instant before striking led to the col
lision. Ordered a decree for damages and costs.
Dsrid M Lote -. The SeAoorsr Darid ! J'.4nderson;-
The sioop Planter, owned by this libsllaut and the
schooner In collision in the day time, the
North river opposite Yonkers rh- vessels Sere beat
Ing up be river, and met on opposite tscks, the
schooner having the etarbosrd or privileged tack.
Held that the rules OF maritime Law apply to and
govern the navigation OF vessels on the North river,
ard cannot be controlled varied by local ussgss or
customs. Held that the sloop to the wind ward of
the sch ooner and atufcient distance above her to
nsve passed safely ana was not tne,s,ors oouna & 20
her course II shs altered IT, TO give way, where
as by lufng and running up into the Wind, sh. had
caused the collision. Ordered that decree be entered
npnnet the schooner for damages and costs.
Gcorg, Marshall rs Chs,iss H. MarshaH The toop
Genius ow ned by the bslsnt Was moored at tho end
OF Pier No. 10, Ea.t river The steam tug dolah,
with the tug Duncan P.li had In tow the hull Of the
steamship Arctic passing With her from Rutgers street
TO the Novelty Works The pilot on board the Arctic
had command Of both tugs. and when approaching this
tloop he hsed her 10 move out OF their way and sent
was not breadth ct chsnnsl sufficient to allow them to
pass Tho sioop not being moved she Was struck aud
injured BY the 0oliah In pa,srg Held that the 90.
by being under the orders OF the pet of the Arctic.
Held also that the pilot had authority TO order the
sloop away frcm her mooriDss, and that the dolsh
under his charge must bear the consequences Of bis
running her ~iongfully through the passage and In
juring otter vessel Decree for damages and costs
John Tan psL N, Sfean Boat Niagara This steam
boat Cleopatra owned BY the lipsllant, ant the Ma
CARA came In collision In the East river near Corless
Hook. ON tn. New York eide OF the river The Nis
CARA was going up close in shore and the CleoI strs
coming dosn, and endsavotng to hold her course
in'ide Of the Ni.saIa IN. collision va Previous 70
10 keep in the middle Of the East River Hed, that
BY the maritime Law and By the Revised Statutes OF
the State witch hi. Court enforces In respect TO va
ters within the State steam boats meeting opposite
courses TO be In danger Of collision, are each
bound to keep a-ay to the rht ana pass each othss
usage cusom Of ravigatiug the East river, which
varies the rule 81 Law Ordered decree for damages
and costs in favor Of the ibellsnt.
John ~ Jnns, aud Others. rs TIE Schooner Hfnerer.
Wihcm q T0npktns and Others, John N. Jones and
Others Thee are .ros. aotsns growing out o. IN,
Hogg Island. the coast Of Virginia, twenty miles
from Cape Henry In the night time, and In q dense
fog There total loss OF the Amelia and her car.
go and the bsans gu. for the value othe vessel and
height ss owners thereof and % balees Tor the own
ere q sns cargo sh, ws coming nor,n -.
In the water; the Wind " W, or N W. By W, close
hauled upon the Wind steering N N r., and running
Hsmpten Reads and Richmond, lying high out of
water In ballast and with passengers, aud
y. ,ssriss ss. s,o, ' ,r,os,s.s r,ps '% io ,Ss
mizzan shrouds, ten or twelve feet from the deck
or placed scar the companion way, eft: Ths Amslis
made the Hanover and put her helm hard mp; but
the vessels together almost instantly The Han
over did not descry the Ames until her bowsprit pass
ed over her side She struck the Amelia, stem on,
about midships The Amelia was running about elk
kpets the hour. and the Hanover seven and bali or
eight knots Each vessei had look out stationed
forward. The fog suddenly after night fall,
and yes proved that foes IN that reeios With IKE
70 sso,. *. ,.o ,.,..,. "sr. .ep.sss
after the collision The mate Of the Ames "a, st the
helm, end In the collision he was knocked ov.roosfs
and drowned. A large nun,bsr OF vessels had tsieu
from Hsuptop Roads about the ssms time with tns
Am,ls hound north snd " vas known to the masters
,f both ve.s.s that this great thoroughfsre Tor
coasters run ming north and south Hsd tnat ,ne
Amelia vas not IN iauit for not carrying nsnt sus
pended board but that she cid not use prope, pr
caution IN net being supplied With light 20 ptsoea
forward that the could exhibit OF wave ~ ON
deecrying vessel approaching Held that oo'h yes
seIs were suty of nsggpnte and want 81 proper pre-
esut,tn In not uslug foe horns. bells, other mesn'
OF potiipg by seunas other vessels OF then poeinhs
lsne. gn not having ell hands on deok dsriui
the lnten,s tathpess, aiding in kesptnf wAtOl
s,a lo.h ont Hsld thst Tho weigst a svtderc
n thst ,fe mastsf o. ths Hanover vss a. hl
s,alep on ths look cut long sasvgh previous - w