The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-28
Important DccasiOns I'm Admiralty.
UNrrED STATES DISTRICT COURT.
Before Hon. Judge Belts.

Wuou n00Ceo tfOm ooon Otnor, proceed
ing towards the brig with intent well understood
on board each TO speak the brig and obtain her busi.
ness either OF towsgs Or TO take Oh her passengers
The brig heading A. N. w.; the wind 8. Il. by g. or
nearly TIE Hector running N. by w., and the
apart as es.ims.ed the ssSey being the largest and
fsstest boat The brig was running slowly before the
wind, which light. Each tug and Nc direction and
apparent purpose plainly dis nable from the other
and each bad ample TO keep clear Of the brig
and other tug. The evidence conflicting between
s nsn ~ u ~, mn, asa ~ 70 inc
the usual practice OF tugs 70 up vessels their
weather sde either TO take them ia TOW or to speak
aioDgrde the brig the wind ward Of hsF but toe evi
deuos In conflict whether the MAbey to the
eastward or .arboard Of the brig when snc started to 80
the MAboy might with and safety have gene on 10
the westwardto the sarboard Of and the bows
OF the brig alter manfest to the pilot ID 1t the Hec
tor intended arriving TO up the starboard
quarter Of the brig and ten 70 her or her that
side Co. also, vas manifest 70 The pilot and master
Of tho Hector when tho latter vessel appxoschng
the brig and the Mabey had nearly reached her Thai
the latter tug directed the sarbord and weather
eide Of the brig and intended alongside OF her
there when there sn SUFFICIENT time for her by STOP
ping and reversing the engine Of the Hector TO
kep gut Of the way Of the Maooy. Tue evideoce is
conflicting upon the point whether, when tho Msbey
bad reached the position which made Il certain she
mtsnt 10 come up the stASboard eide Of the brig =
clear q be Nancy on her rnoara side Without rSnu,os
against the brig Taking the testimony OF the persons
board The tugs respectively would stand proved thnt
manned longer Q question that II both continued 4,
advance collision must be Inevitable and nstautanc
our eac1 'ss v ssopes hsr spsinss wee .osssd
and every pfacucabie excrtiou made By each
to their weasel from her peril; and giving iash TO
vessel Il Ia alike proved that both have con-
rnued onward with rabatsd force sl mutually ckeoed
and crushed back Sy striking nssa 70 bead again. Zach
down into by tho other on her quarter yct their
serco equally positive that the blow Was given BY the
evidence Of the parties respect correctness Of
their proceedings and tho fault and wronguinsu OF
'hS:s o., 2. board the opposite sef ;',sS. thus: a.
brig, steering for her starboard quarter, had up
with her, and tho bow Of The tug had the
head % INTO Rsr ssrposrd bow doing s.sss Ssnsss
For the OF he Mabey that she had up 70
and passed The starbosrd quarter Of the brig when tho
hector head into her lsrboasd bow and before
The Hector had reach I'd the brig Each party asserting
that be bad stopped and worked back hs engine, aad
that the engine Of the other boat continuing
With force ahead Although The peadlngs and proofs
maintain roughoui this clashrg conflict in relation to
tire facts conducting TO and producing the collision In
question: there oud 70 be insuperablo difficulty
In determining where the weight OF proof really In
regard 10 TIE transaction That task not undertaken.
beoame, in the opnios Of the Court desper principle
underles the controversy than that OF determining
upon which party should be plsced the greater
or less degree OF blame In causing this collision.
Tho general interests OF commeros and navigation
demand the AnnunoiAiicn Of doctrines which may
edictsnl9 aid 10 rcprossinx such dangero reckless
WIS here exhibited In the management OF these
two tugs tho OCCASION rather than critical study 81
tho merits demeiiu Of The parties In relation 10 each
and their particular interests affected BY the trans
action. II manifest upon the whole testimony that he
two tugs were rsshly against each other II IL mot
necessary TO say Intentionally, with deliberate purpose,
but clearly without any ceor Of necessity accident 10
the ae The master and pilot OF esoh vessel pro
oeeded % the tyo adversary begcrens. attempt
Ing 10 sese the brig prize OF var and 70 be Ia that re-
Iaos clothed with authority TO drive on his Antagonist
hv vUu iuU hkr Al
way Of the accomplishment Of that design the force OF
the shps acting each the other, TO intinidss
produces The desired eject they wocld be precipta'ed
against another and secure the victory 10 that
Which brought the srss,sn pows. laa ,,, tue eon..
70 seek In much ooscuiy . means oil doing SUD
santial justice 70 parties who sustain serious losses
sous msoouduct & c6srxsAble against elshsrmistsres
ignorance In the Management Of vessels, unexpected
Contingencies resulting IN injuries 70 SHIPS and cargoes
constant incidents mingng with the sudden meeting
OF vessels by night day II and for want o.
satfAcoy ru BY which 70 determine Who ought To psy
amss practise TO compel each party 70 bear IN equal
part OF the los TO- perhaps, reasonable enough 70
sort n method Of recompesse whore the collision Ia
the result o. accident On both sdes, without wifu ne
fleet or fault On ether where tho OF the COLI
sou h undiscoverAbh; but u sesms 70 supply 10 just
and dssesrss 10 each osher sad parscuary when the
lives and property OF others who have no voluntary PAP
ucparon IN the niscosducs become ENDANGERED By n.
the Sane tins fron opposite points Of the compass
In full soareer upon sailing veael abeut sgu
distant fros och, or :. eaH win hs sdd'io. Of Der
reached her 70 the point a which they must meet and
% apparent 70 each Of thsm vs. The probability that
exsroa that bosb increased their speed 70 ss ussos
ana when moreover papsbls 70 thess ooudustsnG
The tugs that each aiming 70 plaza herself Ne
their neither tug could get there r enough before
NE osssr TO leave Tine amer that event for the one IN
70 change her course o. stop and back Oh % 70
prevent q colison cannot be claimed IN their favor
hat there was any mutual snorasce mnchasce, or
unexpected casualty which ocoasiosed their collision II
wss The manifest and Imperative duty o. both these
steamers wben they found they were approaching 70
hazardous proximity 10 esch cher for each 70 have de
sisted ION Ne Effort drive the DINER out OF her way
. sss for ..ss ana nav,
ihsnssv~ and the bra out Of danger frca thsir nv.
iuai aAvasos upos her and each cshsv. Tnsvs vas
psIssss 80 sdm no and warning q m sssssssr.
he Cosr discards q utssvy without cousis.Ancs
lsw tbs claim shss shw ting had By custom o. priority
sessvsis The vrcss by mutually rushing - seas 70 hsr
II Ne aatsnr 70 aPpoysiaae her esch - against the
other e 70 .ssss. Der possss =. s.,s nr: !. 70
bernus Imaipsnt end Instant. The aw recognises no
custom regard 70 composing tugs n crcsnine the bag
Or cSu, nsy gss NJ ne, az bound 70 oSsy STRICTLY
The laws OF navigation equally In their Efforts 10 spear
vessels In Ne hope Of obtaining towase empoymsu ~
s rsss Iss ~ s.s hey aassny vo,ssd ssr duty
shs cccasson 10 question, and 20 far ~ the evidences
soes ,hs faun sss voluntary and com with both,
erss",,s on - ssrmed Or compelling each ONE,
10 desis, from the endesvor 70 get the BRIG w too
Under that feature Of The case coad be 81 no moen
A detevuine That one less scive or violent
me preparation OF the wrong, that The most In
Iured was tho least cuipeble would 90 enough In re
ply oueson a "a 90. ~,
sns from his pilot that e. sos could not be avoided