The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-22
limited SITS. 'es Circuit Go. "''

m
OBSERVATION-DISCLOSURES r'LoFS ANDh n ;,
Arxu 2O-Aoron SeoJroot a, u Others Our~, :"
Steamboat Eagle Us. he SeasJoat .STph -Nclsoo,S -
The libel WINS filed in this case to recover damage, f.
collision that occurred the bay OF New 7Cvk on she WA
December 1863, which the steamboat Eagle was seross
Iy damaged she bow Of the Sylph, ferry b'H, having
struck her on her sarboard side some twenty or twenty
fvcfeet abait stem, tearing away tie buwaVSS ana
deck and cuttin down below the waters cdge> The
SypII had started morning O the 18th December IRON
the Whitehall does on her usual rip to Port Richmond sn
gagged ia the ferry fine between these TWO pmceS w
Eagle was coming up TO New YORK from fort tamltoN'
engaged running Between this city anu fort Monnour
n j. The collision occurred bes~eeu9 and 10 O'Clock in
the forenoon These was dense fog. so dense that ,le
haads either vessel could not object ahead be
yond the length of their boat Eactwr going ut the same
rate Of speed five knots tic hour, u'ci cns 10 Ne he
rate adopted by steamers in the buy when moving
in fog as tck as tint OF the present occasion The
fires OF both vessels kept low t0t each could
readily slow and stop, and back in d" emergency
another regulation il when running III a log
person assigned each boat, to rlg constantly the
alarm bells, and which were heard by the apfnonchiIg
vessel in time for each to gss Vie order 70 60 SLOW ana
stop and back, add which orders obeycf before
either by the other she lifted out OF tAe tog
When they came together there was more or es mead
way each vessel notwithstanding, is ass,nday evi
dent upon the proofs the hands on board OF cash eSercsed
their best efforts and skill to check the notion after hear
ing the alarm bells Nothing seems to have been neglect
cd on board ether within their poWer at the mo'nr1 TO
avoid the disaster No fault can be imputed 10 either,
according to the proofs, unless indeed WIS taut to
the trips which the vessels engaged at ALL in
the state OF the weather And as to this both stand on
the same footing. Judge Ingerso who decided riS
below, decreed for the hbclant, putting his dec'siou
mainly upon the ground that taking the strength OF the
Eage--she was a new yesseand the description OF the
wound inflicted he induced to think that the speed Of
the Syph greater than that OF the Eagle and too great
for the state of the weather There are also some experts
who this opinion from examination OF the wound
But after the fullest consideration, cannot concur in IT,
The proof by witnesses Of the rate Of speed OF ths
Sylph Il strong and decisive AZ that OF the
rate Of the Eagle and for augh that appears much Gre
dit due set Of proofs TO the other and according TO
this proof OF speed the Besides, there
facts in the which fairly enough account Tor the
injury to the Eagle consistent with tue rate ot
speed Of the two boats being equal, and tbs
efforts Of each the same to check It at the IN
slant Of danger The SylTh was much the heovi-
est boat according to the proof and she struck the Eagle
head and under her bulwarks and deck tearing upand
smashing each by the combined force OF the motion OF the
two vessels The manner of their coming together gave
tho advantage TO the Sylph which, together with her
greater weight may well account for the difference in the
injury. There are also, considerations that would
naturally lead 10 The concsionhe rate speed Of each
vessel being the the time and Also the efforts to
check the samehat the motion of the Eagle could not be
readily overcome as that of the Sylh The tide was
strong flood, four miles the hour The collision oc
Cured some distance below Castle william in the bay.
The Eagle therefore, had the force of the tide 70 over
besides tho motion from her engine; and tho Syiph
the operation this force aid in checking her at the
instant The Is most unfortunate one and may well
attract the attention OF masters and owners, and lead
them TO consider whether prudence would not dc
tate, well from proper regard for the lives OF pas
sengers the safety OF property that in port crowded
as Is that Of New York with every species OF water craft
vessels should not anchor in unusual and dense fog
The master or pilot may indeed avoid running upon the
shore, against island any other fixed distractions
in the way by the act OF the compass but these are ing
contingencies when compared with the chances OF running
against vessels moving at anchor against which the
compass il security. the Eagle had been at anchor,
In this case and encountered the Sylp in that condition.
should not have hcsaed 10 have charged the latter with
all the consequences OF the disaster As the stands
that the one IL in fault more than the other,
and from the usage and CUSTOM which have FIRE.
Quentiy under observation OF running these boats I'm
thick weather, am not disposed at present TO hold that
both were fault Justify apportonmen OF the
damage But this will say, long the custom
nucs, the Court did not feel bound In OF disaster 10
discriminate with any very great nicely IA TO the de
gree Of fault imputed 10 the or the other of the
vessels that may choose TO the hazards OF
the navigation The Sylph in fault for not having
board licensed pilot and engineer under the act OF Con
gress Of Aug co. 1852 But the s2d section Of thai act
cepts used ferry boats. The Sylph think
comes fairly within this exception