The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-18
Important Decision In Admiralty on Appeal
UNITED STATES CIRQUE COURT.
Before Hon Judge Nelson.

COLLISION And NARROW CHAHsM
exrT 16.-H FSxAtgh q al us The Steam Propeller Com
nce-The libel In this died BY tho owners OF tho
hsbeA against the Commerce for collision the North
river, near Caseson, ten miles below Albany. Tho
steamboat Indiana VA ascending the river the eat
eide with tow OF ven beats The kabepa, the one in
question, with barge Cleveland, were the lest tier, aud
were connected BY ha xser to the tug There
termediac Tier Of four canal boats also connected by
last The Indiana had passed Null Island and had Straight
eDed up the east aide OF the yer near &c sas
safe for her Co. and had advanced so far that the last
TOW Opposite, jus. above the head OF the leland
.cendine the river the ve,t ie us Oregon following
pot very dark Tho Commerce atey passing Indiana
west from seventy to hundred feet when abou oppo
ehsBsrS her cou,se struck he saSes which vas Is,hsd
70 the srboard Tde or the Che Feand and COURSE
es the Commerce sinking vessel and cargo. The Court
below Of opinion upon the proofs that the Iabea
wholly in fault being out Of place II the time and far
in towards the west shore, and In the track Of the Com
nesoe, and dismissed libel The conflict ana obscu.
r,y OF the proo this ron has bccu very oh cleared
up, by the evidence tf the pilot Of tho Oregon
ch,rss Of that vessel, which has been tAkoa In This ooah
rho defence sci mp justify tho sheer placed on two
uouuds-L Thsk there We . light on the Isabella, and
that the pilot Of the Commerce supp srd and had right
10 srppose she Was . vc~el ri anchor and tho. tesg
well oup The channel or the river he the sheer 70
out the channel hore ~as no, room 10 pass her on the
west aide Al We have Already said the testimony
20 psov sbs shc no n 1s, me ~ n: very
channel vest Of the Isabella should be remarked also
respea the question OF room In ths ohsnue Of the
river for the Commerce &c pass the west Ice
was schooner ascending the river with her boom out
between Der and the Indiana the time she paused thai
vessel clearly showing that the Indiana ard nor tovr
have well 70 the east shore Upon the whois
am sahaed that Of The Commerce In taking the
sheer mentioned led drey I, the disasser ths no
fucient excuse has been shown for the nsnouvre The
decree below therefore, must be reverted and decree
enered for tie nbellAn with reference n 70 damages
IMPORTANT TO rHl SHIPPING COMMUNITY.
suT. l5-Russeu Sturg,s Steamboat L. May1ey -
This appeal from the decision or Judge Belts who
dismissed . libel died 10 recover danases for co,ou
which took plsce some yea1 slnce, between u steam
tugs Hector and r. L. Nay bey of Sandy Hook The ca.o
involved one very important question namely ;-whcther
cccasoned BY tho wol fAu OF both vessels the doc
nt OF superintendent Il e., that each Tarty should bear
aeher party should gs eos or ,a hs c.a ,ns
very fully argued before Judge Nelson In April last by
hesars Beebse and Donanue for the appellant the
Of the Hector and by Mr. Mcmahon Tor rssponden,s
Quit Court affirmed the decree below deciding 10 favor Of
an owner Of the s,camtus Hester 70 ,ecoyer damages
for collision With The siesmfus nsybcy whsh occurred
9S,de sandy Hool on the morning Of the 1i OF Augun
1905 The brig Wanderer was coming mp slowly In q
northwestern ooure, preparatory 70 entering the bay
rhon the two tus started IN opposie directions for her.
sorttessery course. with view 70 Inc lob CT taking on
her passengers loving her 10 the city The two toys
Nsre Glc OF nile ana whs they started
Tor Hector "a her rearest 10 her but the
haybey The fsies. vesse Tho proo very confused
nken and cont adicsory. But qu sstion Of fao.
seems 70 be disputed that H. that tugs sarod
Tor the brig about The same time and esrh with ihe
cd Intent Of reaching her nrs 10 seouYe tho job Or
Gers were fiven on board eson vessel 10 this effect
which sppsar have bean carried out with rockies, in
difference 10 the conree The tugs os head and
head NJ tbs brgthe HectSr the smaller vessel ecstius
he worst Ct H. II impossible 10 say cont-adi aory
the evidence, which vessel nrs arrived al the brig 70
speak bar rae truth, no doubt that there was VERY
Dte difference In poni Of time, not sufficient probably 70
put either vesse In faui IN this Al general
rule dorbi the ting nrs arriving 10 speak FOR the EN-
Ilo msns entitled 70 IL PORTION another approach.
Ing must zee u thai o eollIiion 10 AVOIDED. On this
ground sloDe l think the decree below dsmlssise
The libel 10 tus'lded IN order 10 have sustained the
soil u should havo been shown ih.l The Hector had
mt arrived and vas entitled % tbs prvileg, Of the
o. TIE Hector have passed the other de Of the brig
or ported her helm and passet both vocs TO the right
privileged position on Ia, contrary, thsy are eluslly
,ircts tina, the rival tug bad obtained H. Considerable
pains have been taken shov that the tug Apr ,achns
tbe brig In The wake OF IL entitled 10 The pri yi
kge Of nnt speaking 70 her, ~ she IL In . situation 70
enter oncs upon towing But We see no reason pro-
70 fs vessel and nscsr,sn n ,bs a.,rss ss,sancs i
me eroush 70 place the brig In poslon 70 low aer The
engagement IL made for the me haybey ihers-
the ctor the stern rhe learned ooud below put the
decision mainly upon hs rround thai the coaon occurred
By the wul fault intentional wrong Of both parties,
aud consequently the planning, having vo'una
y taken her chance In tho ooIson must abide her loss
II has Insisted that hitting this 10 be So then hoh
vessels hef fault the libel should not have been Dis
mssed but The famsse spportioDed We have found no
whore the superintendent has been made In . cass
IKE the present. namely the collision occurring by The
wiifu intentional cot Of both parties and NO shall
mol be the nrs 10 MAKE the precedent II vo vessels
ctocse voluntarily 70 take The chances OF knocking Oh
esch hos heads We shall lay down no rule thai viii IN
wife the unfor innate one Into OF admiralty for ro-
dress The remedy for the opper Ia 70 dIsohsrre his
matter AND crew. and man his vessel with competent and