The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-03
The Bark Adriatic and the French Steamer
LyOnnals.

DECISION OF THE IMPEhIAL COURT OF AIx-LEGAL
REvIEw OF THE CAsE-CosTs AGAINST CAPTAIN
The following d cision rendered by the Imperial
Court Of AK at ITS sitting Of December 23:-
CouIsIoN-foREIGN sIrP-RTsspoNsRrITry.
The captain Of foreign ship who neglects to put up
lights during the night in OF collision, TO be respon
rules OF the nation TO which he belongs do not require him
10 have lights on board.
Considering that in consequence Of collision which
took place on The second Of November, 1885, be-
tween the American bark Adj iatic and the
French steamer Lyonnas, the last named vessel
foundered with rich cargo, and that only few of the
numerous and many passengers were able TO
themselves after unheard Of suerngs and dangers-aer
the legal arguments which that fact has given rise be-
fore the French courts the called upon decide
IL that collision fortucus, II there doubt TO its
causes Is TO be imputed to the neglect of of the
these Considering that the event which TO be al
Indicated took place the open sea-hat IL TO say
IN place by i's nature outside the exclusive ownership
sovereignty Of any state and which though used
N mon by all natoIs, does not exclusively belong to
any Of them that the event took place between
ses carrying different ugs and that sequence IL Is
not according 20 the police laws promulgated by single
that the court has 10 decce In legal point OF view
n ore OF the cartars committed fau-considerng that
The principle Of the liberty Of the s un4uestonabe,
be application Of that principle Leads 20 the rule that the
captains whose ships plough the ocean have 70 take
all necessary csuton MT TO impede the public and free
use Of It's waters nr 10 anger navigation TO the rsn
cice OF seamen that the utmost caution Is necessary
when one saiis AT night and IN ogey weather. to mark
out the OF the vessel, that whatever, IN default
cf Rational regulations, tie means 10 co that may be-
either by cooed lights by lamps, round angular,
ether the and the route Of ship should be dis
troy visibie-that this regulation is much the
TO be respected s the protection OF the
interests OF marine trade, and by It's omis
son disasters become more numerous, a1d that
humane and OF international importance, well as OF
private interest that the courts OF the several states
should bring Of their observance those who de-
art from r-consderrg that AZ the moment Of the col
son ~ the "a Of November the fyonpas sgnsled her
presence snd route at great distance by showing three
brilliant lights; that the Airiao, notwithstanding the
night and the fog Ind not sigracd her route In any
manner; that Il only pcrcciving the imminent
daf ger that iantorn lighted board, that that
signal Of II really lgbted) either too
feeble or was net placed IN a proper position,
or was boosted too late 20 that II was not seen
rom board the yolnss and did not consequen ly anf
ccnty make Known u that steamer the Iresence OF
other vessel that therefore the captnn Of the A1riatc
fault and thai ID - to his tglgence that the COLI
Is To be attributed that therefore uselcss to
iher vessel and which preceded the collision when II
became idering therefore, that the
Court has only 10 respect the maxim Of all legislation
HAT indemnity IL due for damages caused by ones
conduce to the setting aside Of Captain Durhams
Clu hts incidental appeal and that there to
adjuc &C. s ccsts on the defeated party
The Court explaining the intcrocuiory ordered ny is
of the 18th o May 1885, and dong Justice 10 the
appeal Ct the brothers Gsuthr against the verdict Of the
Tribunal CT Commerce OF Mars. ts of the I'd OF April
1851 Il, clsrcs the appeal void aud amending II,
dsrnns Cart Durham 10 indemnity suthier Brothers for
The oss and damage which they have suffered ia conse
guence Of the collision Of the I'd cf November 1885, main
tsiis the seizure made the freight of the Adrac
also the opyos 20 ~ leaving the port Of Ia Cotad
the reundDg Ct the fpe Of the principal appeal dis
misses the conclusions he by Capt Durham in his Incl
dental app nj and fines him FOR that appeal sentences
him. besides all Of the trial and appeal
oiUdirg those of the terlooutory which Ira been re-
served by the Court which ordered T.