The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-13

Before Hon. Judge Nelson.
DECIsIoNs IN ApNmA ry-nPoRrANr TO OWNERS
AND MASTERS OF VESSELS
OBSERVATION-DISCLOSURES
sDT. 1.-THE Schooner Industry o. Robert j. A. and
John Ward Owners Of he Schooner os Martin libel
In this case was filed by the OF the Industry 70
damages against the Thomas Martin for collision
that happened In the neghborhood Of Great Egg Harbo
several miles of the coast In which the Industry was
run down and became total loss The collision took place
about O'Clock al night on the l4sh of May Is49 the
Thomas Martin going down the coast in ballast bound
for Norfolk Virginia. and the Industry coming up heavily
laden with and bound for New Bedford The direc-
ton Of the coast where the collision occurred nearly
northeast and southwest along which the two vessels
moving In opposite directions. The wind north
or by NORTH and both vessels claim that they
Thomas Martin the s,arboard tack and at the
time each insists that she was the privileged vessel, and
insists that she bearing in direction towards the
and TO get into smooth water under lee shore,
and necessarily therefore, close hauled from the
course of the vessel The industry had bright light
her tore rigging, and was seen by the hands on the
Thomas Martin some fifteen minutes or more before the
collision and a. combined speed Of the vessels
some ten or eleven miles hour, the vessels must
time have been between two and three miles apart
The Thomas Martin had no lights, and she was not dis
by the hands the Industry till within few
minutes before the collision occurred The night was
cloudy and the sky overcast and although there some
discrepancy to the degree Of Darkness seems TO be
generally agreed that vessel without lights would not
be discovered beyond half mile. Several OF the wit
Tx the distance considerably snort OF tnls AZ
half a miles distance the two vessels, with their Gem
bined speed, would meet in some three minutes. Both
vessels calm that when they saw each other, the ap
preaching vessel to the leeward and continued
till the moment of the collision; and as consequence of
this collision, each In the emergency, putting the helm
hard down. both ued into the wind and into each other
The opinion h. that either Of the vessels at this
time had bore away and the other had put his helm hard
down, the collision would have been avoided. Judge
Judson who heard the below, dismissed the libel
holding that the Industry in fault In not putting her
helm to porI instead OF hara down, and bearing away
this conclusion upon the application OF the nau
teal rule, which ID well settled that when two
sailing vessels are approaching each other, both
having the wind Free and consequently, the power OF
readily controlling their movements, the vessel on the
larboard tack mt give way and each pass to the right
ana the came rule governs vessels sailing on the wiad
and approaching each other when it is doubtful which is
to wndward. j agree TO this conclusion, as am in
cned think according evidence of the hands
the Industry when properly weighed her position was
such relation TO the other vessel that her helm should
have been ported and she should haye passed to the
right instead Of ufing into the wind with the idea OF
passing the other SIDE But am unable to concur
with the below in the other branch Of the case
namely, that the Thomas Martin WAS not tn fault do
not intend to disturb the general that prevails both
In rivers and open that sailing vessels
not bound to carry lights when unter way at night This
usage has long prevailed and has been recognised TO
certain extent by the courts generally in this country
and in England 1t said, on the argument that the
rule had been recently changed in England by the
Trinity masters. The soundness and proprieiy OF
the usage have often been questioned heretofore by
eminent Judges both in England and this country.
Martin u.s. her neglect to show light after she disco.
vered the light OF the Industry II she had done go,
there is every for believing the collision would
not have occurred As have already shown, at
his time the two vessels were from two 70 three miles
apart and within this distance, while running with the
combined speed only OF ten or twelve miles the hour,
each vessel had seen the other, would have been
Although the night was not unusually dark yet the sky
overcsst and cloudy that II admitted vessel
could be without light not exceeding half a mile
While therefore, the hands the Thomas Martin had
fifteen minutes time and the distance Of some two
and bali miles running within which to adopt the proper
for avoiding the Industry the hands board
OF her had only some three minutes time, and half a
miles distance within which to adop. the like
The practice Of showing lights when vessel is approach
and sklful navigators, and has frequently been q
subject OF commentator by the courts, and taken
into consideration in determining cases OF this de-
scripton It's fitness and propriety are too obvious
TO require illustration argument. Tns fur
nishes q striking esemplncation Of p necessity aud
Of the sortune attending It's neglect The danger was
impending Rlmoet ut the moment Of the discovery OF the
Thomas Martin, and this from neglect In not showing
light the proper time am also inclined 70 Ia nix
Cunningham that night She had all her salts set,
with pretty fresh wind, and was running at rate Of
speed and under circumstances that cannot well be jus
uhed considering the character Of the night This
had passed the Cunningham, and was some two miles
ahead NJ the time which the counsel supposed put epG
TO The racing But the struggle TO which vessel
could Norfolk ahead and this accounts for all sails
beng Kept fet In The night when most OF tue vessels
nTg the at the time had taken in their light
sails consequences OF the freshness OF the wind Upon
The WHOLE think both vessels in fault and that the loss
m be appo1uoped.