New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-25
UNITED STATES DISTRICT CouRr-Dsc. sl-Befor.
Jadse Bars.
IMPORTANT DECISION IN ADMIRALTY.
coLLIsIos-IHk LAW OF STEAM rUGs
- s,,--,. Co.,. The ..s.- Il Nh.


coLLIsIos-IHK LAW OF STEAM IrGs
Russell Sturris The steAn-trs T. l. M,b-y.
Bars. J.-T1e two sieam-tug. Hector belooginy
o;htr. e.asis and ovnd n lbs cir, wse On me s
cay OF August 1884, outside the ssroor nile apart,
bris vas Al he coming into the hubor TIE TUGS
from each other wsie proceeding toward the big with
and otian Der business etAr OF Os her
~. bris VA, be.aIps N. " W. The Wind s Ebys. or
p.sr, The Hector "a. running \. BY W" and the r. L.
-s. mil. .p.r IA. e., mated, tn. M.b.,
bin. 'b. largest and .s,, o't The orig va. r1nnas
and .pp.t,n, purpose plainly di.cerube from The oSs
and .sch bad ample Sea room to hep clear Of the brs and of
which had is position the wnd~d of the the bra
on her The proof shows hat the usa Of
,h.n IN tow or to sp-sk them Both 10 this
plainly get Ongde the bns TO the -indv.d Of her
bur rs, yid-pre 10 conflict whether the Asbey
~. .tvsrd or cardboard of the brig 60
down her; ba the evidence si,.cor, shows that ae
wad-to tie abosd Of and across the bows of the brig after
manifest 10 the Po sn. sls BEET ~, & AM,
or pass that side So Also "s nA.-., 70 the
ro.eing M brs sod Masey bad nearly reached her
IN, latter tua ecied 20 the ssroosEd and weather e
s 40, time f her By stopping and reyrrtns
N, pspr the Hector to have kept cut Of the of the
NIB, III. evidence i. conflicting upon tn. poin whether
sn ne NIB, had r.achrd the position which sds it certain
,he 10 the sarbonf side OF tue hs-the
Hector could then By porting Der helm have e~. Of the
Mab.y on her .bcsId without runniOs ,sspst orig
Tskns the testimony OF the p.rs0us board the tgs 70
,pe,ivy stand proved that when the too had come
10 lint position in there remained longer question
that both continued 70 vance collision must Be nev.os
al nsnpeous each stopped her engae va. work
bakwnds and the other bat hailed TO do the Tx. snd
every practicable xeron was made By esh crew to ave tier
vess. from peril and giving faith the evidence Ia
respect conduct Of the opposite vessel IL alike proved
ha both have continued on saTd with unabsed force M
mutually checked and crushed back by striking head to head
against Other for while each crew e'tih that their YES
equally positive that the blow was given BY the stem Of the
OPP site vessei ., -. =.
wropsure Of those board he opposite stands thus
For the Hbelani-Tbat the Hector bad followed the brs
ste,rns for her saboaId quarter had up with Der sud
the the had passed the ste and Tapped upon her
quarter when the Mabey came head on into oe 'rboard boz"
For the cwo.rs OF ID. Oh. had up aud
h.sd On 'nts her Hbo.rd aud before Hec'o had
reached he brig each party ,sern, that De h,d 'oRpd sne
was ontnuns 70 woIk with force aread
Athoulh the pe.dIs and proofs m'inan ao
ducng the collision in question there woud seem 70 be No N
rssbe difficulty 10 ts'enians where ID, Yea o. PSG0
taken because in the opinion OF IN. Court
parry should BE- placed the sreas OF less degree OF blame IN
The and usvisaton demand no
Of doctrines which efficiently aid IN reress-
ing such rechessnes here exhibited 10 the
Of these two tugs oa the occasion rainier thsn
critical study the merits dement's OF the parties IN relation
TO zach Other and their particular interests affected BY the
1t manifest upon the whole testimony tia. the two ts'
nier'nsy with deliberate purpose but clearly Tnoat sny
color Of necessity sccoent the set The master
and llot Of the two were adversary
b. ihsens the brig prize Of and to
relation clothed with authority to dve on h sa-s
Of tbs secoa 1.nment Of that orss OF tn. .ps
sc,irs each upon the other TO stnida,e o.
effect. thty would be- preepratee sslst oLe .H
secure the yctory TO thsi which brought TIC greatest '"'
The frequently compelled, in eo.iop eases to
seek much OF dong substantial Justice to
parties who sustain serious loses property tAerey "nee no
violent intentional m,eonduet' chs. se4bie lsain
mistakes OF iuorsnee N the msnseenent oi We 's
ecnns, nce. resulting ia iLuies to hp' ana carse are
slant incidents with the sudden meeting of vessel. BY
pisht day aud for want OF more 'ssco! rae Dy
Which who ought to pay or receive pay Tor
CO p. each party to bear equal pan Of he 90
Its perhaps. reasonable enough to esot 70 th9i e'h3a y
sides without wu neglect or fault on either or wnefe tne
collision uneseo,rsse sn seem: 10
rDh dangerous to each other and particularly when To-
lives and property Of others who have no voluntary Psp
tiou Ia thu misconduct become endar sefed byi
In th. case the two tugs broad day started a. shout the
same opposite points OF the eoaP.s III iu ea
last with The addition OF her m'vement she would .,
boush h re the tugs sched her 20 the point al whch me
aud so APPARENT each CT them The pEobaol
l, u,h.r eouG xteet reach her first ~ihou' senuou
e1eon that both ineps.ed their speed TO u. utmost Al
Wien uoreoyer pAbe 10 those conducting the tug
tlst zach aiming place herse the sEboard si;e
e sailing vessel that both held th' course neither u
could get enough before the other TO leave IN ue
ter that for the in AeAr to eaAse her course or
stop and hack OF so IS to prevent o1saos
msehanee unexpected casually which occ.'nea 'he c"
ws,h. manifest sns imperative duty of both the'e steam
or. th,y found thew spproac hDg hazardous Prol
~ 20 other have desied from the effort
drive the other of her by con nUing To press ahead
both to have ported their h.ns OF ieyss ,ns ~
sire, arc placed themselves and the bg out o h5frI on
their mutual advance upon her and each one Ihere wi"
Die time tor DO and theJ had the pAnes' admono
md vsrplug of necessity
III, C. uni utterly without couuenanee OF law t
claim that had BY custom or priority oi H any
lese hrs 10 the tg Ihey atgissA-e men y,
mutually usbiDs near to her IN the temp, 20 a.
her each sssns the Other 70 der hef POSITION a 81
NJ u ns themselves when the danger
solli,i1n bee anne imminent and instant -. :,
The recognizes custom IL egara 10 oouPcvg U.S.
er,px III, bay coursing outside toe haroor whca 90
cannon 10 Al. other vessels They bound 70 ODE, ste y
the laws VI navigation equally Ia their EFFORTS 20 speA
the hone OF obtaining emzloymen as SHeh PA'g
directions coming IL from gcipg out 70 SEA
fssrsuty violated their duy the occasion IN qaeson 90.
a. Ear a, IN. fault voluntary ana con-
win both committed with the purpose sle 81
of hesong of, a. IL is termed, or c0rPeihns e'si
70 dssis. from the endeavor 10 get toe org Ia ~
Under tta, feature Il could be VI DO
teruipe more or less seti'e OF
%, ,rafor the that the one most nJuei va,
least cupable. IL would be enough 10 reply 70 fi
that character 20 answer that here the master Va &c
vs, el had express pilot that coson
rot b. sviced if kep tis boat der way AHeea oss
PENDENT Of proof wiul on bis part So.H -
sbls and le bar the .etiou iha hs AZ june. "o-s
in sou-fsry AID reckless eonteuio9 .i1n Is 80 -,
plsined AGAINST peeessAIly putiiIs eota tet' ~ -,
vi made the subject Of thriF ha<AoOos
lives OF PERSONS board he three vessels u
civ decreed tia; the libel be dismissed and 4
the ,us Of tee also acting inien4oAJ
Iav md her duty denied 20 the f'
10 pay bis own costs
UNITED STATES CIRCUIT CoURT-Dfe- @t-oeo''
JUDGE HALL.
The FIRy-EsGISE cOaIko'Lfssi'
r,u, R.,.os ., al AZ, rne Mayor ke.. Of New YORK
tlah hr.n