The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-22
United States Circuit Court
DECISION IN ADMIRALTY.
Re- Chief Just1.e NsI.oc

b Chief Justice Nelson.
SEPT N.-The Steamboat Niagara u.s. John Van PeI -
This Is libel collision by owners of tos sseam-
beat Cleopatra against the stesmb Niagara TIE col
son took place in the East river opposite Cherry rest
The Cleopatra was coming down the river, the New
York side. with passengers, her trip from Norwich
TO her berth in this port at about half past O'Clock
In the morning Of the Both December 1847 The Nagars
had left her berth that morning with passengers for
Bridgeport had rounded Corears Hook straight
en,Dg up the river, also the York aide, When
collision occurred; 1t q clear morning, aud sbun-
canoe Ct for the vessels to pass each other
danger 10 quite apparent, therefore thst there
gross fault in the navigation oil or the other
or Of both vessels the collision need not
cured The Cleopatra struck her larboard
aide, some enc hundred feet from her bo~, by
the Niagara, the blow being Q glsncing one.
1t Is clear upon the evidence the Cleopatra at tins
she first 6escied the Niagara the latter round
ing the Hook ported her helm TO pass the right aud
that If the Niagara I'd ported hers as was her duty
cording to the established general rule both rssls
souS have passed fee They we're from four to .s
rounding the Hook. and each vessel could SEEM
and o. at sufficient distance for each
made the proper maneuvre to paes to ths right Bat
the Niagara instead OF porting sarbosrdsd her helm
inside Of he other vessel and this 10 the answer
is claimed hit founded pon the custom aud usage
Of vessels tn stretch Of the ierthat vessels
comiI in ebb tide bound ~ keep off 10 the mid
die Of the river and in the true tide giving TO els
going up the benefit of the edoies ana slack
upon the New ok shore The evidence in the fails
to tsseIsb such custom The error Of tae Niagara
led TO the collision. The steamboat Traveller had left
her berth that rning her trip the sound and
ahead of the Niagara the New York side dye
hundred yards. she was huggtug the shore aud
parsed the Cleopatra the inside some witnesses have
been examined for the purpose OF establishing that
Oecpstra In fault 10 porting her hsln after she
Iseteo the Traveller the Niagara tten IN the
Of this vesstl and far shore that there not tin.
for her 20 change her TO the right to avoid the
collision. Bu On csrefu exsui alton Of this evidence.
sm not satsfed th@ the position taken can be main
tau.o. The weight Of the whole eviieace in the
that the Traveller clofs shore the time she
Iaseo the Cleopatra aud that she had rhssed ia before
her for the 81 getting the inside and fur
tber tb-t soon shs passed the Csoara ported her
Ct the Traveller she inclined 10 the shore rais
brought her line with he course OF toe Siagsra
rdicsting to her st the time thai she iats Sd-d
% sipg Der the right and this 10 for her 10
b. ported her nsm hsr DUTY according 10 the
bli he'd nautical rule In order 70 establish fault
the direction thus taken by the Cleopatra u must APP
tho satisfaction OF tbs Court that the Niagara at
the time far 81 her and within short ds
tapce the rwo vessels approaching each ober
that there would tpe 70, Nsxsrs 10 port her
beIu and 10 The right without dsUger OF coming
pether UDder the circumstance, the Csopatrs would
Dot be justified IN perseyeriOg % pass on sbe right
The evidence, in 10y osment, warrants no such
cor ciu.ion. II IL apparent that the Niagara per-
eastern tide Of the river alter hsr pilot the
direction Of the Cleopatra until IL too late 20 cor
The error h<t the marsge ment o. boz under n
right OF the ei led 20 the ca9sIopny The
evidence the part OF the sppelees 10 this court and
objected 20 on the ground o interest He pcrt
u The vessel appeared claimant and put in the
He hss sic cs assigned his interest aud been
essed ~ all conrri ution bY biz assoc and inoe
pfed saipst sny damages and sta that may bs
vered bsve rot looked into the questioo, Ia my
Judgment If admitted, his testimony would not charge
The result sstsfed the decree of the couct ba,O
IL tight ard should he affirmed The decision OF the Dis-
trct Court in favor Of the libesnt for s2,l7o.