The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-30
United States Clrcuit Court.
befo.s Cnief Justice Nelson.
DECISION IN ADMIRALTY on APPEAL--INPeRTAy1
OWNERS RnAra.

DECISION IN ADMIRALTY on APPEAL--INPeRTAyr
TO OWNERS OF FERRY BOATS.
SEPT. % - The Williamsburg Ferry Boa Oasod rs the
Schooner q. O. Scranton This libel fled 10 the court
teo~ by the II tbs ferry boat Oneota against the
cured the Esst river, the LIST October 1850 The
oreota had left her bertb at Peck sip sni her
lbs river close ia along the Sew York shore
her way 70 Williamsburg Long leland, the ferry being
bet these two rernni The sch ssrer WAS beating
down The liver, an; hsr larsoard tack having
ltar ed upon frcn the Brooklyn side h.,le below tss
Navy Yard ste was clos hauled the wind beiBg absut
souhstsoy south, which gave her direction torasdI
the foot Of Clinton ,trse ON ths New York iAs Thts
Fsy Peck slip ard the terminus OF tho ferry
WiIiansburg Tia 0nsota kspt her tue river
about sse hnIsrsd yards Or more fsan The aa's and
her tack TIE late Judge Judsen held TIE ,cboonsr in
fault ard decreed in favor Ct the ferry boat II s sup
posed The schooner should have tackled xbort before she
reached thetrack of the oseo and not have
In her cours the iatsr in the slack vsts- the
New York whoa II duty Of the 70 not
tbattbe city ordinance, which orbids yesels Anchsng
mo river within certain distance Of ferry slips implies
that the Oreots had right 20 pursue the track sss
in wi heut regard to els the situation Of this
scboDer csrpot agree to either OF these potioas l,
the hrss place the ssaoonsr hsa gn. 70 rua oa osr
leaving the time sufficient room TO snab,e her 70
about vii bout daDssr Ct getting Shores and the ferry
boat bound 10 know that this not only her night.
bur her duty and to take the proper steps 10 pass be-
s'sty. Shs had right TO make the track abs was in
The limit Of the channel, and require one schooner &c
snd thus shorten hsr course ~ shs beating down
he river In the sext place tbs city ordinance doss MOI
urpor to reguls b the navigation OF the river and il il
did far respected any such regulation IL would be
ity the municipal authorities OF the ely
no such power. Neither Of the exceptions, therefore
ateu psd 10 up this sssa 10 order 70 dsp,ass
with the Observance Of the admitted general
iicsl rule, has any fouBdahsn. We have, there
fore, had occasion TO observe In these eei'siea
casts frat a large portion of them occur Ia
sequence of departure Of OF the vessels from tn
ests biz rule Of the pavgst on; aud. matter
1t Ia sought to b vIdcated by setting the dc
psrtuIe up exception 10 the rule II "a, bat this
other day decided In which eolliaiJo had &C
CURED On this river tnort distances from the place
The present one in consequences 81 suppoeed usage that
the ascending steamer entitled TO the Me- fofk side
and TO the benefit Of this slack wasr ;nsre, aud the de
teendng boat TO keep out In the middle Of the river
sboriDg under this Misrepresentation, as the Two sts
approached nearly line the Of ths ssoe idtog
boat instead Of porting her helm and taking the tghs
according - established rule, starboarded H. and tbs
collision was tbs.eonssquenca B5ors mastss
ture With any prudence exception to tae
rsl rule Of tse nsvgs on he shout rss vel satisfied
chat has foundation IA law; and Il will be sase f3r him
always 10 act upoa the assumption mat apY p0n
that the courts properly racognze ard approve will
% one 80 universally lnown sad scqpissced II by per
sop engaged ia The Dayiga pcD thst II esn0ot az any
time he matter Of ferious dispute M master
con maize axce pti0n for himself Fbe ID onlY can
make Il, or usage uaiverssl and Of sugh long
unDstc0 "a Dscome lsw o. the saas Courts OF
Adnilslss esn against thess exceptions ard IL ssod
his principle They erbsETsss the nsvigttio7 NJ yes
els unlss clear aud vsll deGred the general ,us
itGt and lead Of the nsriue dfestsfa that
our The case in hand IL among the sny i11tanes
hat have been before this Court II he mastsr Of ths
ferry boat had not besn ssisied BY The suo
possd e1stp.ion 20 the general rule bs would
have iOuGd no difncuiy 10 clearing the fcnconer
ne r'ss- y between nal snd thTse quarters Of mile