New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-10-31
UNITED STATES CIRCUIT CoURT-ocr. 3O.-Bsfore Jul
ti5e NELSON.

APPEAL IN LlY-coLLIsIos-EAsT RIVER
SPEED IN RIvERs-CROwDED VESSELS.
Patrick T. Brady agt the Steamship Florida
NELSON, c. 1.-The libel was fled in this case
against the Florida to recover damages for col 70 the
East River The Florida left Pier No in the North River
and bound for the Novelty Works a. the foot OF T"eih
o. German the farthest her the bod side wss also
going the East Rve distance ahead Of the Fois The
the NewHork side The VII
the part Of barge insist hs. when the Florida over
took the Tug sh0aEh r Vs.. s 0' or t5s,
wheel struck her stern and accustomed the Damage Complained
Those en- the part Of The Florida that when she reached
within 200 feet the tug the LATER sud1e9y snTred 70
the proofs and not incln,d TO re-,
wise the conclusions arrived ny the Court below woic req
collision between The FlorJs NeYort and she he'd
Ist in TO avoid toe scop to sh;ch she wa. qae
close she uSconscouy il cined toward the ug The
ns any h dTeo S o ooo The florida va. going
admitted BY her hAd; 81 Toe rate o. nine miles sn noaT
to think unreasonable speed. Decree affirmed
ohus for the Florida.
no FAULT OF EITHER VESSEL.
Joseph w. Phsro ct al egt George Smith ct al
NELSON, G.. The libel was lied IN this Gaze 70
for 5 & T ies sPVS6e on the
Pgh Of AP l OF Ss9sg ,n If care, pG Of oo Wa,
So be- % Gm s@S d% Lee
Georgia The wind he;y and about the night
covered TN within sou OF hundred yard. each other They
the ABOUT miles an hoM
combined speed Of twelve miles. The NJ f. Pbaro i'd
inc northeast by north when she discovered the approaching
vessel and then CHANGED her by falling on more ga
wady The William Smith at fret hesdug south by west
and Aerw changed TO southwest When the vesse n os
covered each other they approaching nearly sheAd 70
William Smith rather upon the labosrd bow the M u i4o
Both ecordne the account given by the hands of ch 10
this position adopted the proper movement 70 sVoa COL
hson. ~
The William Smith ported her helm and came up into the
wind and NJ E. Pharo the and fell on but
nary they Immediately together the Smith striking the
sorbord side Pharo head just aft OF the fore chains
and 20 breaking her side that she sank in few minutes Is
in possible TO reconcile the testimony for the hands are 70 be
believed upon the respective vessels the collision would not nave
bopeped the given would necessarily have continued 70
are them further and further from each other and tins not
withdrawing the Pharo sarbosrdsd her helm and came up INTO
he eve of the wind by those board for even then
she cond not reached the Smith The misfortune we
thk is TO be attributed 1nsny the darkness Of the night
With the combined speed Of the vessels the time between the
discovery Of the lights and the collision wssvery sn
uiRute There to have been no neglect OF proper
n ont on either vessel and the seen ss early as the
darkness OF the night would admit We inclined 10 think
lie collision was rather the misfortune than the fault OF er
and sba reverse the below and dismiss the libel The
oopdep have very much changed the aspect OF the case
the proofs introduced this Court Decree reversed and libel
dismissed. .r If. n 4, ID ...1:., To- A..
PENDANTS. -