The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30

vide where thu soIsioA occurred and was open hin.
A. the schooner hsr lAIooard tscs and in limo
srtsspg she sppsoachsd the New orb shore,
he should have in time hist therc
would be dagger no oosota scot her coars, sshoud
lave ported his helm aid her sssrn ins,snd OF
s,scEnptpg 20 pass her bo~ This woui3 have avoided
al osDgsr There Ia another d eulty the fairy boat
las to eseountsr IL tia Gaze BY tbs law o. Nrs York,
April II 1913 vessss rsvgsting this vsrt Il Fact
liver up q down are sga 10 keep In ths ic de OF ~
The boat IN hss rip bsek and forth lergsnsse OF
The river, from Peck sllp 70 Williamsburg dt4aoa OF
upward Of mile We hEvs had occasioe to apply this
rue Of navisssisn during the session the Of he
steamboat Worcestsr The boat OF this ferry fall with
N IL and bound 10 confosla IT, II IL gate
pcsbe 10 them, for the tistsOce they a. in the
Gaze Of any oher vessels navigating nsse wsosss am
stshed theef the decree below erroneous, and
must bs reversed.
CASE OF COLLISION IN HARBoR OF NEW YORK.
The Nosoch and Ee9 London Steo nl6od Company dgdins
Me Steamboat Bay Sate.Judge Nslson afssr tho proofs
wss. read and til. opened aud sihout Argument
fs'd ne rad 10 deast about me ss<s and might rs Ssn
dNpose Gift The law Of this ate psssd April ~ 1873
reqNes steamboats, navigating he Est river Keep the
middle of the river Tsis law ID pereBptory. Tns mas
isrs Of vessels bound to oosy IL and have no d,scre
exception esse necessity is mistake the
part Of those navigating vessels IN ss hAloor 10 suppose
that thsv may in the exercise of their judy
ment and disc-eon regard proper mode Il the
avgtion. they disregard The stature it liz at their
peril In sueh cases they are not oa guilty Of crime
according the act bur they must take the h2ad Of
The oonssqushces to their vessel when out Of tina
proper track and on an Illegal course The WorceIs'
mere clsary In fault ss navigating the river,
net in le Mode, but the piers butt ont from tDs
fho1e mex the city. See was navigating therefore, In
loc o. the consequence OF
per navigation aha srd water craft, which led to
the collision. She met sloop near the docks, and
towhcat coming ont Of slip sid to avoid thess she
oh ICED to slov Npd sheer virds the HaT are which
line win her, neayiy so, out IN the middle OF
the rser The Bag State wss IL her true track There
is little ia the Testimony Of the Witnesses sut
they hsve 10 estimate the stance by the and tbev
place her rub itgn1y in the middle VI tina river. We
Let split hairs such question. Vssssis must
keep 3 tire middle OF tte river can be asosr-
ts ed by the exercise of sound and OBJ vaon
he part Of the master A. he time This IS the only
means OF determining a. ibs momeat rbe Wo,c1ste'.
bsirg q in vi Ia ton Of Jaw snd Il the
ptquences meeting the soop and 10 BOAT which %
gc her 20 slow and back and sheer and the Bay STATE
being nearly line slsi with her upon the oler
c Gle in the middle Of the river there 10 ..er
OF immediate ceuger If collision. A
u at he lstter bound 10 dc 20 exert her poSs-
srd hs faithfully to rescue tho Wcrceseer from the
Yrper Ding peril into which she had thus wropsfuv
her helm this sheer of toe Worce ier
The tsslimsp Of the eicsTs OF board vessel con.
der the better evidence tbs taken, or ma
made st the time, boed their own vessel
could not do short q three times her leog h all she could
slow arc pert helG and dong that aha did sl
that eccabs la the emergency 70 rescue the Wor
from the reril have attended to tho testimony
with ersat AID the beant's Witnesses 90 to co.,
firm the teEtnory Of hoe ths part Of the claimants,
of TIE material facts. This Ia to the ns
vcatiop Of Less boats, viii De strictly enforced and IT Is
high tRe hat the Of vessels sh0ud learn thai
they uust they 1t take the consequences The fund.-
mental difficulty IN the hb-l s1ts Is that the Wor
ceeer 1f the track prescribed ny Ia which lai
10 collision She obliged to theer, 70 svoid the
sleep spd boat tnst he uet, and this b5cante sos
was in the for hidden track The Far State bouod
q iy ta DO al she culd 20 avoa it AID having dome
Judge Judson 10 the court below must therefore DO
yersed and the libel dis missed with costa.