Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1853-10-06

iuA IIoN OF bTEAMbOAIs.- He NoI-
wich & New London Steamboat Co.,
agst. the steamer Bay State-Case
of collision in the harbo, of New
York.
Judge Nelson, after the proofs were
read and ;be care opened, and without
argument, said he had no doubt about
the case, and might US well dispose OF
u.
The law Of tins State, passed April
l2h, 1913, requires steamboats, naviga-
ting The East River 10 keep the middle
orlhe rlvcr. This law is pcremptory -
The masters OF vessels are bound TO
obey II, and have no discretion except in
cases OF necessity.
II is a mistake on the part Of those
navigating vessels in this harbor 10 sup
pose tha, they may indulge in the eSer'
else OF their own judgmen, and discre-
ton in regard 10 tie proper mode Of
the navigation. II they disregard the
btiAukI " ~ hlISb o"li. HN'h' 4" oHN'
Cases they are not only guilty OF a crime
according to the acr, but they mus, take
the hazard Of the consequences 10 their
vessel when so out of the proper track
and Oh an Illegal course.
The Worcester was here clearly IN
fault. She was navigating the river
not in the middle, but near the riers
| built out from the shore next the city.
! She was navigating therefore, in viola.
/ ton OF The law, and as consequence
! of THE improper navigation she encoun'
tered water craft, which led 10 the COLI
sion. She met a sloop near the docks,
and steamboat coming out Of a slip,
and TO avoid these she was obliged TO
| slow and sheer towards the Bay Siaie,
| which was on line with her, or
nearly so. out in the middle Of the riy-
er.
The Bay State was in her true track.
There vas 4 little margin in the testi-
mony Of the tnesees, but they have TO
! estimate the distance by the eye. They
place her substantially in the middle Of
! the river. We must not split hairs on
such question. The vessel must keep
rs near the middle Of the river rs can
be asCertained by the exercise Of sound
! judgment and observation Of the master
at The time. Th.sls the only means Of
determining al the moment.
The Worcester being on a course in
! violation Of law, and as one OF the con-
| sequences, meeting the sloop and tow
boat, which obliged her 10 slow and
! back and sheer TO the right, and the
Bay State being nearly on Il line paraI-
lie! with her In the outer circle in the
middle ol the iiver, there was, as 4 mat
ter OF course, considerable danger OF
! collision. All that The latter was bound
to DO was TO exert her power aud skill
faithfully TO rescue the Worcester lrOms
the impending peril into which she had
thus brought herself. This she did
She slowed and ported her helm as soon
as she saw the sheer Of the Worces-
Il ter.
The testimony Of the officers Oh board
vessel consider the better evidence
II of the measures taken, or man1uvrcs
made at the time on board their own
vessel. 1t is idle 10 say she could have
stopped. This she could not do short
Il Of three times her length. Al! that she
could do was TO slow and port her helm,
and doing that she did all that was
| practicable IN the emergency TO rescae
| the Worcester from the peril. have
attended to the testimony with grea,
care. and the libelants witnesses 90 10
confirm the testimony cf those Oh the
! par, OF the C claimants, as to many OF the
material facts
| This law, as TO the navigation Of
these boats, ..il be strictly enforced,
| and il is high time that the masters OF
vessels should learn that they must
obey il or take the consequences.
! The fundamental difficulty in the
| libellants case is, that the Worcester
was out Of the track prescribed by law,
! which led TO the collision. She was
| obliged 10 sheer to avoid the sloop and
! tow boat that she met, and this because
! she was in the forbidden track
! The Bay State was only bound to do
( all she could in the midst OF the peril to
avoid 1t, and having done that she
! is free from blame.
! The decree Of the late Judge Judson
( in the Court below must therefore be
! reversed, and the libel dismissed, with
I costs.
II A Valuable Museum, AT Greenfield.