New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-13
Law INTELLIGENCE.
UNITED STATES CIRCUIT CoURT-sErr. ia-Befo'


OBSERVATION-DISCLOSURES
The schooner Industry Robert A. and John Ward Own
ers Of the schooner Thomas Martin.
cas-. np Va. filed by The Owns. Of Industry dam
i .i5 ias Of
cost in which Industry down snd became total
G M Tle s % Martin down %
SSo ,a y Sns n %, he coming
The direction Of the coast where the collision occurred Is
~s' % sn p ne
hauled lie Industry on the arbOard
the sabosd tack and at the same Time each insists that she
The Industry further insists she bearing direction
toward the land to get into smooth water under lee
The Industry bad brsht light her fore rigging and
seen by the hands the Thomas Martin fifteen minutes
or before the collision and the combined speed of the
two vessels was some ten or eleven miles q. nor tns .
psr Thomas Martin had lights aud she not dis
ieoe the collision The night cloudy and the sky
everest although there s discrepancy to the de-
sf Si Would Ff' Beyond
tb. At half miles distance the two vessels with their
speed would meet In three minutes Both vessels
. to that se es snd iii
moment of the collision and aa consequence a.,'
81 te bt hard down both na into the wind and into each
other TIE better opinion is that either of the vessels
G time hS 0Js en avoided
who heard the below, dismissed the libel holding that
ns of hard r down. and The
la JSsr : III. s a Rs wsn
approaching each other both having the wind free and
the vessel larbosrd sve and each
the right and the rule vessels sailing on the wind
approaching each other when is doubtful which to
see to th. conclusion as am to think according
weighed position such in relation 10 the other vessel
tia. fei hs ,he 1aS instead into the wind with the
IDEA Of passing on the other side
branch Of the case namely that the Thomas Martin not in
fault do disturb the general that prevails
not bound lights when under way a. night This usage
s; sps coS :S al: and
T. wss said on the argument the rule had been recently
se:nt and popsy Of tie usage h.vs often n
heretofore Judges both in Ens.nd and IN thi,
rorntry The fault think, chargesble the Thomas
Msrtin is her neglect ixh. after she discovered
the Ugh, Indu: 4 she had done % there
As we already shown at this time the two vessels were
rnnpn. with the eombn speed only twelve miles
The hour each vessel bad the other would have been
Il" night was not unusually dark sky and
cloudy that 1t admitted vessel could be without light
II. Mn bad fifteen minute. time and the distance
u some and half miles running within which to adop.
tie proper for avoiding the Indus the hands on
board Of had only three minutes time, and half
miles within IseS 70 ADOPT the like %s.Sts; ia.
dark cloudy night, common among prudent aud slfu
BY rbe Courts and determining
OF this description Ire fitness and propey are TOO obvoa. to
snfcaion of lie necessity and Of the misfortune attend
ing its neglect The danger WA impending almost az o ae
neseet in showing light at the proper time ,. .,r
Inclined think the Thomas Martin IN sit .'
racing with the schooner john Cunningham on that
She had all her sails with pretty fresh wind ana
well be justified siderns the character Of the miles
had pa..ed the Cunningham and was s " an end 70
the racing But the sussle TO see % En-, beinx kept
rsseh Norfolk ahead and this accounts tof al -
set nigh when of the weasel, OF
At the came time had taken ia their light SAILS IN
the freshness Of the wind. -. s.,i, ana that the
rpon the whole think both ve'ses ID '"''' ~
Ices must be spportioued
UNITED sTATEsi DISTRICT CouHi-''