The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-11
Decision In Admiralty.
pTITRD STATES DISTRICT COURT.
Before bon. judge Beta.

LANDING GcoDs WITHOUT OBSERVATION-DISCLOSURES
1ne United States u.s. the Bayk EartS- The Usled States
rs 7ico Hundred and Forty Bundles Of Segays These
were proceed TO forfeit both vessel and the
which Sere brought IN her fr Havana grouI
tbst the seears exceeding $500 in value unloaded
from the vessel without any permit ON the Collector
contrary % the both section o. tbs Collection act OF March
gars ordered TO be discharged.
ACKNOWLEDGEMENTS
S1phen Aney ct al rs the Steamboat r. L. Serers -
The libel in this case ed by the OF the barge
Norway to recover damages occasOned 10 the
by be ing owed agang pier Of Ivo the North river
.. winch sne wss supt, with her cargo Of coal. me
fshoms sstern by t~o hswsers, the Norway being TIE
starbOard barge While the TOW going from Pop
Even to TiveE, small rloop was taken up and At
tacbed by . line OF about 100 feet Ia length 10
the barge Dext to the Norway. Some objection
N: 70 s s ss xS.n but all
Of the boats engaged their oxaQe and took their places
asern they were that The sloop be added to
the tS OF The line and that the objections to Il rested
with oe master OF the particular boat to which she
TO be attached Held by the Court-rhst the brig
70 be regarded as subject to the liabilities of . ooumoR
carrier or insurer The point in condensation whether
there was negligence IN the management OF the brig in
coming TO Ut rvoh, and getting underway again with the
Tow That the tug when told to 70 ahead did % In the
usual maDo@r, bearing of dsgonally into the river and
getting the whole body OF the tow gradually in motion,
and the stern tier struck either distance from
the shore had been sspprehenned by the persons it,
or because sufficient aacry and skill exercised
in controlling er course because OF the action Of the
rs not responsible That it plainly the duty OF the
master and pilot OF the tug have stopped her notice
Of che distress 81 the barge, and ascer&ned its actual
condition. and applied all means In their for ts
cue or relief Tnat the brig is not responsible for the
original collision, And the libel Is thus far considered
dismissed but the oesns entitled to . further hear
ing upon this latter question
CoIIkaos-DUyy or STEAMBOAT
Ja.s Buckley, 81 al u.s. The Propeller PeltcdR.-Tbe
libel IN this case WAS fled by the owners of the soop
james X Polk 10 the damages ocosioDed her
by collision with the propeller Hsgse. The wind
Was light from between North and Northeast and the
TIDE hcod. The sloop deep loaded AMI about two.
thirds across the river bearing 10 the gate with the
AID of her The propeller coming from the Sound
undertook 70 the bows Of the sloop though there
was plenty OF room under her sern, but into her,
knocking her bowspr out and doing other damage. Held
by the CourThat there rothng p the proofs excusng
the propeller from the Observance Of the plain and settled
rule OF law which requires vessel having the wind Free
and especially in using steam power, to under
canvsss particularly when close hauled beating against
the wind The duty was on the propeller have used
prudential means in for avoiding the soop and she
was no way justified in relying any expectation that
the latter would could leave her track TO avoid her.
Decree for ubelanH, with costs.