New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-24

8.
which has been tho subject Of examination 70 the Gaze Where
parties reversed the steamer having hed
ergos ~ the Court in tina, case this
tysr Of u: .ehoSner
De'''c o,i. r. Rumhall VI. Tho Steamer racdc.
CoLLI.soN-IlaHrs-cLoUD wEATHER-DUTY o.
STEAMERS.
SEPT. %
NxLsov. C. J-Tbs il a libel filed by the owner of
Aldrea AGAINST the fr collision occurring
niks "a the south Of Long Island BRIG
s S s., 10 oHd the Port Of the sd
Port and was PUsqns one Of he, usual trips With her passed.
by west with -four hvknot breeze the night cpudy and
visible The brig heading noithwe.erly hauled
the wind and moving at the rate of three knots hour
the steamer cas-; bait south at the rate Of twelve OF
thirteen mile. hour The lights OF the steamer seen
according 20 u testimony Of he hands board the brig some
fifteen minutes before the collision, and discovered
bright light hoisted, and kept fore nsEns I
hsh OF the brig seen by the hands IT, steamer wc S
two vessels were some three miles apart The steamer NV ~,
HIGHT cihe approaching vessel two points snd a h
stabord bow, when first discovered, and the hands on
saw the steamers lights about the same % ne in
their arboaTd bow The starsoare bow oi the bs-
contact with the larboard bow Of the ers CARVING 49, mo-
tbs and aud cutting her down 70 the waef
4 insisted on the part OF me big ns b sn ns aud which
she had taken several hours before she oens and
her srboard tack down 70 the moment OF me ~ her
that from steamer the hands on board OF mn
had 10 apprehcnd the danger and tha' " "
o. the part OF the steamer it insisted in the snswef aa
spou the proofs that the b when first ssrsd 20 the
ing to the westward nortbwestery sh GO nsT hut that
wind, AID in nearly opposite 20 n .nd might have
instead OF keeping her course as s , her helm hard up
done she suddenly and uneIpecS lin, the steamer and
chsnsed her course and came bows Oh against INC ~ W
mus no.iop the Que presented by the brig aud the
other BY the raise the only material anu P"H
The ss had on board the time sig hands beside the mas
vino Il tie ibesn them have been examined IN
H. casih three Of the handsthe other TWO %eIs
not found be after search on tGs par OF
support OF the pOslloh tn he
course bg changed after discovering tne sn'
put her lsrbo1rd t@ck An oil mem L nr
collision approach OF the vessels toward eSh ohe
moi well be mistaken they have nisatcd the facts 1t must
have w perverson Of the truth They appear 10 be
flying TO- there nothing in their account OF the transaction
that would lead US to distrust IT, ....
change Of the brig winch in their Judgment led to
disaster But is to be observed that none OF them DIS
quite apparent from their evidence that they rather me
they having previously the brig of
ssboad quartet and therefore to the south and east OIL them
and also Tor the further that the steamer had star.
boarded her helm for the purpose Of swing the brig wider
and whom the light Of the brg was nrt reported ana VINO
charge Of the navigation OF the steamer has given very
doubt be relied from his position and duties
upon He that he the brig change just or
her course 6efoe this and that light under his
from the time she @ esp on b the T : before he
any change Of the OF the brig she was heading
with that testified by the hands the brig The arboard
lookout Ashbrdge who the light and reported to
the officer also concurs that when he rst made out the
course of the brig she heading to the westward
Now taking the account OF the transaction as gwen by the
steamer is quite clear that change TOOK
place in the any that contra
dict the hands on board Of her In the o. Inc o.
any crushed by the overwhelming weight and force OF
on of the winds and waves the continuing
guide her looking out for the safety OF their lives Inc helm
the vessel made the moment, it cannot be at
tbuied fault The fault lay upon the steamer for bringing
II s not claimed answer by the witnesses the
part of the that the night was SO DARK hat the &%
with her light time 10 have taken the proper 70
avoid her The defense put exclusively upon the tact that
changed her under that produced the
The other ground had been taken obvious would
be- the of the speed Of the steamer was too great for
night 50 dah tia. s eS .yS %R her. ndee the @ oer sy
be could object from the steamer that night mile WITH
Upon the Whole after the fullest consideration Of the facts in
the constrained to the decree below and to
the steamer for the damages sustained by the collision
PAssEsGER OBSERVATION-DISCLOSURES AT THE
DAY-ExCUsE.
John 7. Howard and others agt William Cobb.
NELSON, &. J.-This libel plead by Cobb
against the espndent for breach Of contract to
carry certain in the .ts%sp 2 s g 5D fI
month ofApI 1850 The fare paid 80 for each pssse
and r. Ss s Up ns pa s ten
purchasers presented ;bemseye at Panaa on the LIST Of April
did III the month of August following She mad leu the
port in February but had rough and
pairs where detained long time aud which prob
ably known passengers at Panama The brig Aims be-
thence San the third OF the month Inc ten
tickets question TOOK passage III he
and these tickets the which received
for their fare This libel is filed to recover the amount @
aud interest The Court below decrced IN favor OF the oea
II Is objected that the suit is not in the Of the original
for the but IS every day prac
fce in Admiralty allow be brought the OF
assignee Of chose IN action The hbean Is the re owner
tickets and therefore, the proper person 10 bring the
N Is also objected that the disabling of the by
weather the ument of the contr at the
time provided How this might be where the
vessel the time Of the casualty causing
in the voyage, Is not now necessary to determine Ger
tany until the becomes connected WIN the Nsse
board he subject TO her casual
through stress OF weather or
otherwise He to her The contract bound the
his vessel At the place aud time desgnaeu hs
he had stipulated consideration for tine price paid
and himself the responsibility OF performance
sd the failure operated of engagement and sub
for the nOntuhment of contract as
to the OF thetoysse If these cir;
have provided for by the owner ana thehs
parties concerned would have understoodn 1t. -, ..
said that the passengers should have waited the month
of A4 had the whole month 10 iurhsn ms
there Admitting that he had the month the utmost that
se arrived within the month losing their right To demand
return There Abandonment OF he voyage
for tickets for the were appropriated 70 me
The passengers, doubtless knew the disabled
condition Orleans and that she could not arrive AZ rama
ma In fulfill her engagement and would have been an
Idle waited the month especially IS there seems 10
bav been DO provision made BY the for substitution
Of smother vessel indeed tor aught that appears any inter
est or concern taken in the matter.
The decree below think right, and should be affirmed
SUPREME COURT-SPEcIAL TERm-SEPr. %
NoTIcE-Thursday, Oct. l. is the last day for filing
of for the Special Term OF the Supreme Court De-
murrers IN be distinctly noted as SUCH
Before Judge CLERKE-
n Independent Freehold Building Society as John murphy