The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-04
Oommou F1eas.
SuR HoBoxHA FERRY cOxr aFy.
nafN<s "a.

Before Eisa- Jrsss wosesaa.
Acc liz re Hnrt It dis ps 7hs HosoIer Lr~d ara
Improvement Company This action waa exoc rAt "a rs
dsu,Asss sustained By The pain.n. erou s,,l,o
oetvsec tLsr stsS.boat ana tbs ssry b,at OF tas d.
fsplan,s sIisrt 20 hAvs occurred through ,h. cali,
gsucs vAnt Of sktA OF .ths dsfsaisns asevI.ts a
,hs ,ss~s0t Of the ferry toa, On TAI trial. the
jury have fonna verdict for tbs pian,Is Motion Il
now made ior q trial, upon the ground that ,es
verdict Ia ssan. the eyisnes Aad that under tts rulss
Il Law applicable 70 the eass given to the jury tho
charge .. .ss .,s.' s"..C 70 , NV. U.oa Tor
brought bstose this Court the ds'rniAItr appeal
IRON Judgment rendered 10 the plain tins favor IN tho
Marine Court, and that judgment reversed, upon
tina grcuud ttst the charge to the ury there "
On the tra IN this scs,oa (brough. in this
Court after such reversal the Instructions I, the arg
were sntirey satisfactory TO thu dsfenasats aoa wss
un6osbtedly very tsciosdiy 10 their favor. Upon tho
verdict has again been rendered for the plaintiffs
have carefully consiceSsd tae macs OF testimony given
tie trial, and although am free 70 cay that tas i'm
preston which Was my mind at the time OF tbs trial
ID confirmed, and that wsro sitting a. juror must
havr 20 nciuslon AZ variaaea wrh the sxjie,
vblch rsa ep5ereA. yet IL by means follows that
The therrtsre be ssds the c,ersc.
ness OF vprdcts % DO measured By ths. test aud
they are 70 10 Get aacs Whenever tse Judge who pre-
sides Ct the trial mas that the evitspcs hss 10
dinetsct impression upon tH mind. mght better
dsseass sisn tas jury altogether, for, IN elset ths
opinion Of tho Court uVoo the fActa by unqueslon
Ing acquissoenoe. The de:ealsats' couaaei psstasr
upon that greund aai hs ississ therefore, that
the ysroct is papsble disregard Of tao rules Of
" which the rights OF tho parties Are eovsrasd Tho
coalct Of evioencs upon tie various questions rssei
the trial bearing on the nsin sus whether either
Fad which Of the parties vas gu,!ty Of es,iseaos
causing tending TO cause tbs ceilisiec vas verY
great Aud in that conflict iavoived aot only the
v9Ar and sk OF the defeGiAats servants bat Alss
were p,.sent.s 81 th tsstm "a ,ss ..,,s,.
OF the painugs And, 40 far as the verdict dspssds
upon the tve'ros, which WAS corfictng, upsa tho
NJ DIR ttS.tt
by OF the wltnssses for ss,her party, need hardly
repeat chat has 80 oten before bees said n ,hx sni
when besdes such conflict ths action - for st and
Involves such questions AZ FRAUD nrgiss wat OF
tons are often ard very properly asid TO bvsns 70 the
jury in peculiar degree and therefore thu questions
have been leit uad.r sPpropnste aud sAsfs aior, in
Suuctoas to them from tho Court respect,nS tbs law
the verdict ,boud not bs dstorbed unless b upon
the csarest grounds. In this case We ad tina; DOR
spdeAvcr To get the very rs view Of these tvs vesx
conflict in the evidence relating 10 their rsspec
tive situations, distance from zach ohsr AMI the rs.
istion each Of the Ines o, their courses at thu
trns when there was an appearance Of oangsr "
Is true that | night co1elase that should not
witb.t.nains the conflict, find no difficulty ia
there room or difference Of opinion cspsctai,
VIXEN consider that the Jury may have aiserssa tbs
toned his Of knowledge The courses Of ths two
boats were under tho vs~ Of tho Law presented By tho
IL depended the applicability OF the statute requ,rnr
boats whom meeting to 60 towards tho shore which
peaTtBt TIE right stsrbOard ANA tails
tbs jury fully and distinctly instructed Aad Ia
relation to the courss OF the ferry boat Just before ths
cos on, and before either had changed ia course the
witnesses for the plaintiffs aud defendants do agree
The jury may have tell. vsa from the cirou that
tho eaptan OF tho ferry boat IT his supper sayiag
the wheel in the hands 81 OF his men until vary
shortly before tho collision ths, HIS erisencs rsgsrin
the Of he ferry boat wss founded rather on
M sh. o. s .p sr..a G ana h own
boat the whole distance than upon hts recollection
O. the actual erection the boat taking at that
StVa N.,s 1WsE lA.w t..~s
testimony ., The e.p.sip IA 4 tho other 81,
fer the plantns this point, It roui DO gong
believe the evidence Of the plaintiffs po, th.s sus.
Jet. Again in regard 20 the viglsncs Of the asfend
boat gorg the right all nnd II not then al 10 tho
oircretion and Judgment hborn by the psintina ser
there ia conflict There s. evidence that tho pilot
Of the terry boat not at post unty this danger
wss 80 imminent that ,he painis- could no, 10 more
than thsy "a to avoid tho coi,ision There Is som.
evidence that " tho plot OF the ferry boat had on
tho Lookout, he would have aeon tho plaintiffs boat
turn sad By Keeping his would eaaiiy have
avoided the collision And again, that IL the ferry
boat had stopped, IS the witness says nsoved and
backed when the other boat did there would have been
collision. And there "a evidences that ihs plain
tifs beat had turned out OF her In (oa
psrceivrg that abe could not account % the derrick
y above turn 10 the right, and that II -hs contn
utd her course the vessels must coa,sct) 10
have enabled the pilot OF the ferry boat At hs post
ss'ern and that there vas no reason for his changing
his There IL other evidence bearing upon the
ton exercised by those chsrss Of the boats each
party attacking the other upon thess points, and 1
hay: no hesitation In saying that 30 fAras the liability
fer this collision def ended upon this question, apart
from the statute before referred TO- II that
there IL rus which would warrant an interfsrsnos
9Th the verdict and in regard To the application Of
the statute 10 he ereu instances In which hess boat
placed and therefore its effect upos right and
duty Of ths parties respectively although there room
for kestAton, my conclusion 10 that tns verdict ia not
wholly Unsupported BY evidence that the conclusions
Of the Jury should be overrulsd II 10 true that in
what have said have not presented the case 20
soolgy for the defendants ~ might but from what
suggested think II win appear that, whatsvsr my Own
view Of the nigh, have been had been sitting as