The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-08
IMPORTANT TO sHIP0wNERs.
United States Circuit Court.

NOV o. o'so"oo 1.0'suo' os' "'' "'op N.''-'-Nh-
eoH JTho libel Is filed in this case against the ZEBRA,
81 DANA ces for collision of tho southern pont
:" ivoo.s I. a. 80 !, a.. - 80. po,h
or Harris sfana ." sno noa" VI s1o r'St TlVcf. OWN
vessels the Planet and Zebra, were bound 10 the east
.rd Tho latter had come out of Cow Raw on Long Island
m''"' .'' '''e' -. o..
ehofe, ana was HaAHs noi WY w" Poins oo'"een WY
Island and Harris Island, on the opposite side OF the
river The Planet had passed City Island and tho south
- 800, -, .,.L,nr 10. 80. tn,o .ho
ern point OF Hafts isiahd' h'aA'ns her way n'o 'no
Sound. The wind was strong from tho northwest, or
tle north or northwest the Zebra close hauled to the
,s "a p,ono, rerbons ,,yo no,n,. frau an the lar
wnd, the Fiahe'' Pefhaps' Two po'ns ii0e 'n 'ne '
board and the Zebra on the starboard tack and while
tn's o'"'As ae.oss NY ~. >",as =, s s.a
Sact inc stern o 'Ae ~eofa s"A"s TIC s'""otu s'ae
Of tho Planet, some twelve or A1teen feet from her
storm. II IS claimed. on the part of the Planet,
M, ma zenro was to ,be leawara and ,hat
th'' INC Aepfh was :" ''e 'eo""", an" WA"
shc justified in the attempt to pass her on her star
board side and that the Zebra should have bore away
and not kept her till the collision happened The
bound 10 keep her course and had right to that
Inc Planet would obey Me rne o. navisationbear away
and pass On the larboard side The Court below found
TIA, the line q the two vessels was in nearly opposite
directions, head TO head and although there is
Lict in the evidence on tins point inclined TO iuk
The case undoubtedly is, that the hands board the
Cow Bay, some half on hreequarteTs Of mile OF, having
been engaged in reefng the mausai preparatory enter
ing The Sound Notwithstanding the strength Of the wind
III they had her the collision could have been easily
avoided by falling away before the wind AID the same
may also be said uf the hands the Zebra they
ENGAGED with the chains pfefarat0 to coming to
anchor under tie Shelter vi the Islands Ill
the wind sbsdod. But we cannot say, il tho Zebra had
had lookout, who could have tue opposite vessel,
her could have been properly changed for II she
had fallen away before The wind. and the collision hal
occurred the very nanoivlo would haye been decisive
that she IN fault. Is possible, IL she had seen the
Planet that in Tho pressure Of impending danger she
might have used her helm ia Way TO have avoided, or
at least have modified te bow ani tbs me was bound
TO do, even The other vessel was wholly Ia auh; bat we
think this possible ability to roevc the otter IRON her
own fault IN the emergency too sight ground ulen
which TO charge her with aby portion of The logs The
duty of the vessel without iANt al the moment Of in
reduced to any i%ol rules; and can only be entitled 10
weight or consideration II case where it is clearly
shown that some move lad been omitted that might
have been adopted tsold the catastrophe at the mo
men OF its occlrrence 1he decree below affirmed.
Peter r. Das!9a q =. rs. tic Shooror Comm lnde IN
Chtg.-SrIsoS, {. J.Ihis is libel fled ag.ias, the
echo ner ConnanderiA CAf 10 recover damages from
collision with The choorer William Clarke in January,
1853 Whc anchor soma short distance north and east
little Fsg liarbar light IN two three fons water
md about mile from shore The William Ia he was Qu
her way from Indian river Delaware 10 New York laden
with CON. TIE md was FROM The northwest, blowing
fresh and tho night cold, which .ade il prnJe;4t, II NJ;
necessity. anchor the vessel for the MI h The place
usual anchorage ground and several coasters were
lying at anchor at Ne time in he neishoorhocd. \
cent lookout deck. The commander was running
down the coast, with tha wind free; it was a
moonlight night, and vessels could readily be
al a consdo able distance he ran into
the Clarke at anchor, head on, striking her ulcu
the starboard side and opening her sides. that she
sunk TO The bottom IN few minutes, vessel AMI cargo
submerged The statement Of the 81 Is decisive
to the fault OF the coldng vessel The Court be ow
decrced ~ favor of the hets the value Of the vessel
and cargo. j is mgcl that admitting liability Of lie
respondents vessel that the Court a. in decgcsug
the aue OF the cargo the belonged to third par
tics But this in conformity with renctte d, os cf
this Court confirmed BY several decisions ef tho supreme
Court Ct he United states The carrier re- overs as bac.
Of the cerge (2} In decreeng the whu e # the yrs
eel as the law OF abaud onnct hls not bse
into these collision cases But we are satisfied rIon III
proos that here was total loss OF vessel an CARGO
under The circumstances tho condition of vessel cargo
and weather the hbelants were moi Obliged "a ,rner
the expense ana hazard attending an bore ,s
effort TO rescue the uop,rty with an eyleriation
Of saving any part If IT, Decree affirmed
W. F. Grtfih II al ps ttc shin Yin n lie Nsynnio-
NkIsoS G. T-pe ~ VIA nled IN ii N cugn IL rsc,or
tamarcs AGAINST The ebp Wnrs uf thc M. ,t,g orea
STONED iy a collision IN the Mort, rvcf AZ ,isr
No 4 rr g. on tho ngh. az the OBJ ~ Novl,o
be 1874 The ycesc, print ,auy Injured was IN,
barge eftpian warren dashed 10 II s,nan4trg CO.
ezra, Woo, Oh her staibo.rd eit. The tuc = = Il
xc.adinc the river with her tow gone suartnr Is,
tifI vi ITO way from the New York eide inta,line ~
pass rJs,a The fittcry into the Fat river f- tbe nur
roso of 4 Ira ginR il II cargo The Wtnps Of tLo norn
iag wae ne M the river having taken in ali por saiIs
exert III anker preparatory 10 dro sing anchor IN
se r. II Tie wind was sou;.east or sou i 50 I,heast
and tn. n ebb The ship wines OF the NtaitIgl mi
Vi lie river, III middle OF it, ana Ia. ported