The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-03

JUNE l-Joseph L. Hurd ct al. rs. Nathan Re at d.
This libel ID lsd by the owners Of the propeller Falcon
sgsnst the respondents owners Of the schooner c.
Reeve 70 the damage occasoned to the former
by collision between the two vessels, which happened
Lake Erie, the night Of Dec 1854 The bslants
reside in Detroit and the respondents reside In Newbury
N Y. The collision occurred about thirty ilas from
Buffalo, between 10 and IL O'Clock at night. The pro-
peller was bound from Detroit to Buffalo, properly
equipped in every respect and until moment bsfore
the collision was heading east BY north half north, the
proper course for her. The wind blowing eight
schooner after leaving Port Cobourne on the Canada
side Of the Lake. heaaed southwest, until short time
before the collision when she altered her course little
further to the west. 1t was clear moonlight night,
and both vessels saw each other when four or Eve
miles apart When first from the propeller
the schooner was little over her Iarboard bow,
but changed her position until she was four points
the propeler's stArboard bow. While both vessels
we're then pursuing course which you'd have carried
helm to carry her further from the schooner, and
at about the same time the schooner ported her helm
into the propeller striking her her broadsds and
njuring her that to her from snking large por
sos claim u o
sac goo. At the time OF the collision the respondents
stood owners Of the schooner the books Of the Gus
tom House; but the 9th day Of October previous,
bill Of sale executed and delivered by the rsspon-
dents Powell, Ramsdell Co., to the respondent Ma
than Reeve conveying to him the half Of the schooner
owned by them. This bill Of sale not however,
corded until after the commencement Of the suit.
Held by the Court, that 1t admitted by all the
witnesses who the colsion that it would not have
happened the schooner had kept her and not
ported her helm. That when . steam vessel meets
sailing vessel In this case it is the right and duty Of
the sailing to keep her and the duty Of the
steamer TO avoid her. and to act the supposon that
the sailing vessel will keep her course. 90 Howard
$685. That tho propeller adhered to this rule but 1t was
violated by the schooner and without good
That the rule that where two vessels meet each shall
pass the right Ia not applicable in this case for two
reasoDs-Frst, the two vessels not ON the same
line nearly and, second, the schooner had pri
viIeged course, and not bound to change 1t. No
maritime rule be adopted by which another and
paramount rule will be violated and the rule OF passing
to the right, adopted in this CASE would be in viola
ton Of the rule laid down in 10 Howard. That tho
schooner therefore, would be liable for the damages
casoned by the collision and her at the time
also LIABLE That 1t not intended by the act OF Con-
gress requiring bills Of sale to be oried that the
grantor in bill OF sale should be prejucced because
the grantee neglected to have recorded bill OF sale
Ia not complete instrument, and cannot be recorded
until after it is delivered, and when delivered IL is
longer in the control Of the erantor, and the act
not intended to prejudice grantor because act
not DONE which he could not do compel to be DONE
That Powell, Ramsden Co. therefore had ceased to
have any charge control the vessel to be in
terested In navigation the time Of the delivery
Of the bill of SALE That the libel must therefore, be dis
missed against them and the libelants must have
decree against Nathan Reeve alone fer their
to be ascertained by the usual reference.