New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-30
LAW INTELLIGENCE
Importnut Decisions.
U. CIRCUIT coURT-Besore Judge NKLsos.

DECISION IN ADMIRALTY ON APPEAL-fMfoRrANr TO OWN
ERs OF FERRY boats
The wIam ursh rryboat OneOa a sebr = c. scrsntos
This libel fled in the Court below, by the owners Of
the ferry boat 0neota against the schooner Scranton
in case Of collision which occurred on the East River
on the LIST October 1880 The Oneota had len her berth
Peck slip and her course up the river close 70
along the New York shore on her way to Wilamsburgh
Long Island the ferry being between these two termln
The schooner beating down the river and on her
s5o iS below tSe NAVY Yard She was hauled
the wind being about souwestery south which gave her
direction toward the foot Of Clinton st. on the New
side.
This point Judging from the eye the map is abcnt
midway between Peck slip and the terminus OF the ferry
at Wiiamsburgh The 0neota kept her course up the
river about hundred yards more from the docks
and the schooner before that vessel had run
out her tack The Judge Juson held the schooner in
fault and decreed in favor OF the ferry boat IL Ia sup
oed The schooner should have tackled about before she
reached the track of the Oneoa and not have perseyeed
in her coun, the latter in the slack water on the
New York shore which 1t the duty OF the former not
TO enter be ore making her tack about II IL also urged
that the City ordinance, which forbds vessels anchorng
in the river within certain distance OF ferry slips implies
that the 0nsota had right 20 the track she was IN
without regard vessels in the situation OF this schooner
cannot agl eeyto either ofthese positions.
In frat place the schooner had right 10 run out her
course as nj the New York side practicable
leaving the time sufficient to enable her to tack
about without danger Of getting shore and the ferry
boat was bound know that this not only her right
but her duty, and to take the proper steps pass her In
safety She had right TO make the track she was IL
the limit ofthe channel and require one schooner TO tack
thus shorten her course she beating down the river
In the next lace the city ordinance does not puport 20
regulate the navigation Of he river ana; o'a 81 Tar
the municipal authorities of the city possessing no such
power Neither OF the exceptions therefore, attempted TO
BE set up this case in order dispense with the admit
ted general NAUTICAL rule, has any foundation.
We have therefore, had occasion to observed these col
son that large portion Of them occur N conse
Of departure OF Of the vessels from the esnb
shod rule OF the navigation and, matter Of course
sought BIO vindcated by setting the departure up az
an p.iop the rule II but the other day de
cded case In which collision had occurred In this
short distance from the place Of the present ono In conse
quenee ofa supposed usage that me wss
nd the descending boat 10 keep out IN tho middle
ofhe river ab0nng under this misapprehenon a. the two
boats nearyOn line the the ascending
boat ins,eac of porting her helm and taking tho right &C
coIdng 10 established rule starboarded H. and the coils
ion was the consequence Before mester can venture,
with any prudence upon exception 20 the general rule
Of the nave alton he should be first well satisfied that
has foundation in law and viii be safe for him always
to upon he assumption that any exception that fhe
Courts properly recognize and approve WIN DO ones
universally Known and acquescod in by persons engaged
In the navigation that II cannot at any time be
nal. matter sfe, eI0ps for bPn.e The law only can
make H. or usage universal and OF such long contin
uance ar to become law Of the seas Court. OF ADM
ray leon against these exception and Il would be well
for those engaged IN navigation TO remember this prnc
pie They ,mberrass the navigation Of yesse une.. ~
clear and ye defined the general rule iiae and ead
~ moot Of the marine disasters thet occur.
The ease hand II among the many instances tsat
have been before this Court II the master Of this iery
Ioat had moi been med by the supposed exception 10 me
GENERAL rule he would have found difficulty In clearing
Tbe liver between half and three quarters Of nils
wide where the collision occurred, and was open TO him
A. the schooner was her larboard tack and in line
crossing bis trail she approached the New York shore
and as be th0uld have IN time, that there
would be danger II the Oneca kept her he should
ported ls helm and passed her stern, nead 81 az
tempting to pass her bow This would have avoided all
Here Is aaoher difficulty the ferry boat hes 20
ter in this BY the law Of New YORK, April ~ Iss
vessel navat this pat Of tie Ess, River up or down.
are required to keep In the middle Of i.
The boat h her trps runs back and forth lepghwse Of
the river from Peck slip TO WILLIAMSBURG dstancs o.
rule Of navssion during the session in the Of The
steamboat The boats Of this feTry IAN wnhn
H. and bsnnd to conform 70 e. Is quite a. spp'ics
bic the for the distance they run a. In me case OF any
other vessels navigating these wsters
ana sss ed therefore, the decree below was enone-
GUS and must be reversed.
InYoRrAsr sEcIsrox As TO sAyiGATIos STEAMBOATS,.
The sOs sss@se:; Co e n, ssssf Boy
Judge Nehon after the proofs read, and the case
ops ned and without argument ssd he had doubt about
the CAGE, and might a. weii disSose Of
The law OF this State passed April IL, 1872 requires
steamboats, rsygatng the East River b keep the middle
Of the river This law Is peremptory. The msstsn Of
vesses are bound 10 obey H. and have discretion eA
cert in eases Il necessity II mistake on the part
those navigating yezses ia this habor 30 SUPPOSE mH ne
may indulge in the exercise Of their own Jadgmsn IN
II thew srrerard the statute i y their own peril
such cases Il ey are not only gny sccofans
to heir vessel vhsn % out Of The proper track and % a.
illegal course. .s..
-. a. vs~ "a Ia the middle but the giers budt
~, fysm H. shore next the city She was nargsiag
hsrssoTe 10 violation Of the law, and a. consequence
-; ;n,-arr navigation she encountered wafer erah.
e IA 10 the collision She met sloop the deeka
and xtea boat coming out Of slip and - syosd -
re VS. obi gcd to sine and sheer toward the Beg -
which was ca line With her, OF nearly Co. sss IN ~
die ofshe river.