New-York tribune., 1867-06-08
UNITED STATES CIRCUIT COURT-JUNE 7.-Before
IudVc

APPEAL on ADMIRAITN-COuIsION.
''n SSt Sa1an Rer tacSc Gc and propeller WIN Bueu
The collision i'll this case occurred ON the Last L
River lust below the Fulton Ferry on the Bronh sac
ON the 9th of December, 1863 Tho canal boat McCord
heavily loaded with grain. was ashcdto hc port sue ~
fine propccr Burden Inc Atlantic Dock 10 be carried
90 Pier No a. up the on the Ncw-Gork SIDE Ihe
tug left the dock with her tow about II o'clock a M ana
passed up huSgiIg the Brooklyn Sholc ~ tlc cuu! vi
reflex tide. the tide being u thc river at That tne ABOUT
half cbb, strong The cranon nad started IRON Joeis a
Hook on the Ncw-N orS Sdc WIN Two eipH CUal pnll
lashcd tO each side, ANA was coming down the RIVER anu
Intending TO cross over to me Fulton Ferry 10 laho u
another boat lying below tie lower Slp oI Inc tly' ~
was near this punt somewhat lower down. that the col
liSiOn took place. tbs scranton striking nearly ana oi,
somewhat slautiIe blow on tlc port sldc OF lhc cahl
boat while aslcd to the Burden breaking in ana dohE
considerable damage.
the wheat. rather tl" Insurance Company represent
ing the against no'h vcscl- the crgnon ana
den charging them Wl'h hcsiiEI"yr 1i,u % %po'h -
were coulcmacd by the Count below The ease IS mere
n Il admitted by the Captain Of The Scranton that he
did not the Burden TN ms boat was opposite te coal
dock OF Marston d Powers which Is tue uISt doc"
then about far rrlo The fcuy-Slps as tc scranton
was above them The two vessels we're ~ c9uis, Iear
each other, aUi approaching ;l cnil"l"'" Hi"nt ="
ahot ,n r. IL mile, tine EoU-.he Scranton seven miles,
Tie Burden between thee aud lour Walc the t"o YES
scs "e.v la this position ana irntion 10 e "licI We
Scranton made alnOvcn"t to - n hc)W Inc ioWtf sup
of the Fulton Ferry 10 taSc mp the boat Ing ihcrc hy
fastening nc 10 the boi ahu Dd'" =, so $50 10" h''
ont into the river As is apparent. iu order ~ accom-
pSh this movement 10 b'cau' necessary tc cross The
tract, Of tie Burden With hr to", which was nut leW
hundred yards below, and Zoo stage ~ the Wattr iu Tn"
e.
collision. The Captain OF the scranton ~ u aware that
tins movement neXCu>dUlc uHderi circumstances,
seeks 10 avoid the error and at the same time turn II
against the Burden by setting that lie gave uocc 10
the latter that he intended 20 pass 10 the left by blowing
two whistles one answer 70 this is that the Scranton
starboarded her helm, and sceed IN toward the Brook
vn side the track Of the Burden before she blow
her whistles This Is stated in the answer ana testified
TO Norris the wheemau with whom the Captain was
at the time The danger OF n collision was incurred ny
tins movement before the notice.
Another i that the boats had approached each
other too near to justify caA on hc Burden 10 make me
mancuyer by sarboJdmg cr helm, To pass on the left
She had ont OF the eddy into head tide with y
heavy her port side, which required time, and eN-
posed her 10 danger from the proximity Of the scan-
ton.
third answer is, that in the position Of the two yes
sells the Scranton had right 10 iuslSt upon departure
from settled rule Of gation, when two vessels are
meeting opposite directions that each shall port her
helms and pass the right In the present case II was
the duty of the Scranton 30 have slowed or stoppcd TIL
stern, instead Of her bow ~ order TO Eet tl & p5t tic
was nfter We tnint tnc it, - ",niiI. ONT i thc
river when she undertook by starDoardng her helm %
the track Of the Burden. and under the crcum
bound TO keep ont pass the right; and
! navigation 70 make the
meut She admits was made The weight Of the proofs IS
the Captain Of tho burden did not hear the two whis
and he had time given for the answer
the change Of taken by the Scranton before
the whistles blown We think the Burden was
and adopted the only movement practicable for her 40
the time to avoid the coll ,On namely, to port her helm
and slow. EVENT. she erred in the impending danger, It
is not 10 he attributed fault the Scranton
spOnsbe for the critical and pciOus condition IN which
she placed. The decree below affirmed TO the
Scranton, and reversed as 90 the Burden.
p Mr. Van SJNtvOOrl iur lD'l1us; Benedict, Tracy <
Benedict FOR the Burden ,r Fthian FOR the Scranton