The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-30
Decisions In Admiralty.
UNITED STATES DISTRICT COURT.
Before Hon, Judge Belts.

NovEMBER 25-Thomas Tleston Ct al. the Steamtug
Hetm.-This . libel ned by the owners Of the
steamship Marion TO recover the damages occasoned to
her by collision with the steamtus, which occurred
the 17h OF January 1864 in this hArbor about of Owls
Head The ibelants alleged that the ship coming
from sea on her regular trip, about O'Clock 10 the
morning, the tide being ebb; that the tug ap
pIoschiDg from the oily, showing but signal light,
TO pass lArboard side but instead Of doing
tug also went of 70 east and run into the ship which
The answered denied those facts aud alleged
the tug going down the bay pursuit Of towing bust
Was .esn to west Of her besripr towards the Jers
shore; that the tug then steered still towards
the east but the snip suddenly changed her course
great angle and ran INTO the tug which was and
backed, but could avoid the collision The peadings
agreed upon the following facts
/. The day and time Of day Of the collision, and the
general course each vessel was going.
That the two vessels came In collision upon their
g. That there was ample and safe sea room for both
vessels 70 run their courses without interfering with each
other
fcen 70 have enabled them 70 keep apart acting under
the expectation OF Q collision.
s. That the tide ebb and landmarks were discern
able upon each side OF the bay.
But each party fatty contradcied every material fact
tending to show negligence the part OF mis- own vessel
and The testimony was equally contradictory these
points with the pleadings.
Ihe Court held that where there such positive
radicton and no internal crcumstantia evidence
bling the Court 10 ascertain The Of
COLLISION aside from the testimony of the Witnesses the
Court driven to the criterion Of the numer ca weight
of evidence the only Of turning the scale with
than the faint probability that in such trAnsac
lions inward bound and loaded ship running against
the tide In less liable TO become The aggressive party than
her antagonist going Of the harbor perfectly light
and running on the tide That where the opposing wit
nesses are nearly equal in number trivial intrinsic
sn,c circumstances viii properly be considered aud allow
ed TO bave Dueuce That the master aud pilot, and
hsncs OF the tug proved possess equal expert
with those Of The that the lookout board
the tug was not specially assigned as lookout nor ad
he any special familiarity with the navigation in that
portion the Bay and in this respect the advantage in
prudent pecauton most decidedly the part OF the
ship. That, 10 the management and steering OF the
veeees the statements OF the captain and pilot Of the
brig and the captain and pilot on board the ship are
considered 10 neuraZe each other. the corroboratng
the engineer board the ship, held
scale against the tug That tn. majority In weight and
numbers OF the witnesses who Witnessed the anscton,
or any part OF II, with the ship That ii can hardly
that the wheels Of the Marion in molten the drift OF
the tide might been sufficient carry the tug under
hand would most probable that the action OF the
heavy wheel, under the force Of the engine would
have torn the tug to pieces That 1t seems
gators that ocean steapers canaot be safely
run over the ias to the east OF the channel,
which would seem TO show that the collision took place
In the channel and that the In point OF TACT, Oh
the flats when she saw the ship approaching In such
plainly her duty 10 have ported her helm and
kept OF west OF the chip That the deciied weight oil
evidence U.s. that two vessels were approaching each
other in the ship channel the Tug slightly westward OF
the shp that The navigation OF the ship under those cir
cpms'Ances correct and that tine fault lay with the
IT, Decree therefore, Tor hbellants With reference 10
commissioner to npute the damages
R'aseil Stsroes rhe Steamship Marion This Was
cross action brought by the owner OF the Hector 70
the occasioned 70 her by the COLI
sian. For The the Court held the fault 70
be with the Hector Libel dismissed with costs.