The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-21
Decisions on Appeal In Admiralty,
UNITED STATES SUPREME coUaT--CIRcCTT.

Before
SGT. i3-The Sloop Geo n Dallas Is. Tie S.sJm
boa, Hno Haren iris hoel wasaet b. the own
OF the soop. 10 recover damages Tor COLLISION,
on ,he light Of the III d Nay 1855 IN wath sac was
run down ard sunk Of the barge. Of the tow Of
the s,eanboa, New Haven The aga; wa somewhat
she wind about $ E with mode ate breeze, toe
steamboat ascending, making for ?srno1t dock The
hands the so0p testify that she coming down
he west shore Of the river aud that the sely Boat WAS
ascending OF her and took sheer = the west taa 2.
10 The disaster while the naris " the steamboat
that she was Ascending on Tie cast shore al s1t to
slcop was coming cOsD eat o. them, ~ suddenly
changed her io9ards the west crossing The bows
Of the steamer Jatse Iugersol who heard aad deter
mined the case belos. held the steamer wGs 10 ilgl
ii not having competent LOOK out Stationed % the Tor
ward part * the boat. whose duty i was e iescry
and report 10 the proper officer vessels apps achrg
Al tie earliest pos ioe moment she had ~ .'os Out
IN tie maritime sense II ihst term. Tue plot and
csrtair 90 The plot house, which vas some a!ty
.tet ron tie lem Of the vessel a. tie tine o.
tho collision the pilot ~ he wheel There seems 10
hai been person lOaId whose espocal duty 1as
look FOR vessels ahead W. Lave repeatedly hea
that Il neglect wa fault n The navigation q yesse
TIA, wout charge her IN case Of the hippelar p col
son II Insisted Cor the espontcl;s that the sloor
In fault ale, Tor not keeping her cc-fs., an That
toe ruddCn charge Of i led the collision We are no.
satisfied that ctarge OF course took Place o. Ler part ~
think that there had been a corie,en; snc vg.slt
Lookout Gu tie steamer the sas'sr mea' haye hsen
avoided. Judge IA gersoli has ned the evidence
with Rrost care aad la stated tie reasons ., largs or
bis CONCLUSION In charging the New Haven a1i W .us
IA
iut wbich he arrived. i 4 matter o. surprise TIM
masers steamboats, sho u be fOlt 20 IRE lueaty
ltc,io 81 their deity IN emitting % station looAoa, At
proper pace the boat especially q d,gs Az cloudy
weather after The necessity of TIE Observance o. Il nis
been pes.edly enforced b. tie courts al several
condemnalUpg Of vessels l1r the omission m dt;y
uanes IT. this case, considering the wesa az
Tire moving upon iac river u ono bun red an six
fee, width, comprising tie sieltoA, AID her barge.
Tie Sshooaer Trade t. ne Ste1,ss,it J1a., AIR
The libel was ned IN this ease ny N oNrets o tha
schooner Trader rsa!nu the JAMES Aigef 70 recover
damages for coils tha' occurred ca tue m,rnag O.
the lst April 1882 81 the Caps % the Delaware, W
which the schooner was fan down aud b'c,nn iola
loss. she on her voyage rom = Mary geo gia.
10 New York and the James Adger from New YORK 4
Charleston EDuth Carolina The wind was northeast Wy
east aud The schooner close hsulcd heading about east
southeast struck her larootrd bow near the
fore rigging by the stafbca-d bow n the s,esnsr Th-
nd Light. be~een two and three snDts tue hour.
The ght rainy snd bszy The steamer gong AZ the
rate Of between zine and ten knots tie hour Her ghts
discovered b, the haais the seh)3ne when che
uedsiey shown 10 conspicuous place " the mate Of
The vesFe, who bad charge Of the watch Al tie time.
There Is some difference q opinion among The VT
n the darkness y the rght All The distance
vessel could DC seen al the time u tie collision, but
We are quite satisfied that i yiglant look OF bal
been sert on the steamer he schooner with her Light
would have been discovered In season % have AVOID
"a her. And may all II the night dark
stated By some Of the leaang witnesses beh, d
the steamer her rate OF speed wa too great 0g tie
sonable fccuriy 81 eating vessels % Der track. Ia
answer to this d Is seid that she gneer a contract 10
carry the mail OF the United States hsteeea New York
and the city Of Charleston AID 10 make the pasasge in
SIXTY hours. But cauna agree that this ar0rds any
for rate u spced which tie law regards uaier
tie circumstances a. dangerous 70 the lives an properly
OF citizens, any exemption rom the responsibility
10 this species of our c0mmerc a. marine. There
Smother observation TIA, should be made concerning
the oortuct Of the mate charge 81 the steam
at the time Gu the report 81 the vesse % I'm a.
shcad by the look cut be mneda ely ordered The helm
y be put bard s'1bcaIt which Wa lone He admits
the look gu, DID not report The course the vessel
headrg dt b. stop " ascertain the fact before he
gave the order ae aso admits N be had known the
position or the vessel he would have ported his helm In
stead Of putting hard boare, AMI which would
bsve carried the steamer under her Stern, and may
add veuld probably have avOi led the misfortune We
think the decree below right AMI should be affirmed