The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-04
United states Circuit Court.
Before Hon. Judge Nelson.

APPEAL IN NEUTRALITY-SUSPICIOUS. ON THE HAST
RIyxR-DECrsI0N.
OcT. 80 Patrick r. Brady tie Snip FIori-
da.-the ltbel fled In this against the Flo
rida, to damages for collision 10 the barge
Owen German while In tow or the tug New York. the
East river. Tho Florida he'd left pier No. the North
river and bound for the Novelty Works. at the foot
OF Twelfth and Thirteenth streets The tug with several
barges in tow-the Owen German the fArhest from hsr
on the hrbosxd sidewas also going up the En-. river,
distance ahead Of the Florida latter being Some
what the New York SIDE The witnesses on tho
part Of the barge insist that when the Florida overlook
the tug, although there sufficient room on either
side TO have passed clear, she passed the
that the wheel struck her and occasoned
the damage complained Of. Those the part OF the
Florida insist that when sho reached With 200 feet OF
the the latter suddenly sheered towards the New York
side and produced the collision Tho question Ia clear
the proofs and not inclined 70 the
conclusions arrived by the court below which held the
Florida In fault 1t appears there sloop At the point
OF collision between the Florida AMI the New York Shore
and she had TO between this and tue tug and
It may very well be, that on attempting to avoid tho
sloop 10 which she quite close unconsciousiy
dred toward the tug The ri yer was, usual full OF
vesse and great care was necessary In moving 10 any
admitted by her hands Al the rate Of nine miles hour
which, in the place and under the circumstances
inclined 10 think an unreasonable speed Decree affirmed
NEITHER VESSEL At FAULT.
Joseph w Pharo and Others s Geo SmilA and ctheys-
NELSON THE libel filed In this case TO recover for
. collision between the schooner Pharo and the
scnooner william sm"n, Tncn happened on the nigh. Of
the VIC Of Aprii ieoo on brnegss Toe NJ fharo was
pound IRON rnaae,pns 70 Snode Island, WIN cargo Of
yanpah Georgia The wind WAS heavy 40 about NORTH
west, the night dark Both veseis had lights their
pows on. we're moi Uncovered un wmnin one nuuarea
about sx miles an hour. making q combined speed Of
twelve m les Tho N. Pharo heading northeast BY
portn when ene discovered the approaching vessel aud
rhs w,lIssm Smith 80 =, H., hssa,". ~ M Sx Ven.
When The vetses rst discovered each o,hsr they were
approacning nearly aneAd the william smith rather
caranS "a he scconn given bv The bsnss ., aach IN
this position adopted the proper movement avoid
colsion-the William smith ported her helm, and came
Hpt unsortun.telv ,hsy came immedis.elv toss,ber
the Smith striking the ssarboard side OF the
rArcs nesd, Or just aosu 'ne ioreonsins, ana
few mipues was Impossible 70 reconcile the sestmo
nv tor n The h.nss mon Inc rsnsc "a vsass ara 10 ~
believrd tina colis,on could moi have haonsned. tbs
courses given would necessarily have 70 sepa
rate them and further rou s.ca other and thus
nm into The eve az the Wind - ssted bv those an
board Of her for even she could mot have reached the
smith rbe missortune ve think n Ia be sttrInuted
ras,nv 10 m. dsrTns a. the sht win the Combined
speed Of the veases the t,ms bet een the Of
the lights sud the collision was very short loss than
Iook out on either vesse and the shs were seen a
early e. the darkness OF the light would permit We are
inclined 70 think The oouion vas rather the misfortune
than the fault OF either and shall reverse the decree
low and dsm,ss the libel me respondents have very
much changed the aspect OF the case by the ne
n,.osSo'd IN sn' Court Decree reversed and libel ds
INTERESTING QUESTION 70 IMPORTERS
-r,,,. ,-,-,.. - =,
ossss ScAsI-1otso~ ~ ~sp sial On cas- mSds.--
N. r.,rGs sruov1ed ousnt,tv of sIrnoods sinon tia
- -
passage Of sns sAsin sos OF isoh Duv w. 1900