New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-23
CIVIL COURTS.
UNITED STATES DISTRICT COURT.

UNITED STATES DISTRICT COURT
! OPINION BY JUDGE sHIPMAN IN A COLLISION
| e SUIT - INTERESTING EXPOSITION OF THE
/ RULE IN RELATION TO CARRYING LIGHTS
ON THE HIGH SEAS, AS BETWEEN BRITISH
AND FOREIGN VESSELS.
The Pacific Mutual Insurance Company sgt The brig Benz
| SHIPMAN, J-On the evening OF the "a OF
November 1862 collision occurred between the schooner
Tempest and the brig Belle of the NewJersey shore be-
! tween Barnegat and Sandy Hook. The schooner was
sunk. She insured by the libelants They PAID tle
loss under the policy and assgnees subrogated 10 ne
nights Of The owners OF the schooner In the preser tey
bring this suit To recover the damages resulting nOm te
The Tempest was bound from Nassau to New.York and
IPIt On board capt murray an SAND
took charge of her navigation and continued in charge
that the wind was about northwest by west
and the schooner osehaued with light at the end OF
her bowspr1 and that he kept her close by the wind
About o'clock he discovered the light OF an approach
ing vessel winch proved I've the brig Belle in the neigh
bOrhoOd of mile of coming down the coast and approach
ing the Tempest nearly head and head that he kept his
vessel close by the wind until brig had approached
so that collision was imminent, when he ordered
his wheel hard-aport and attempted to slack Oh the
main sheet in ORDER possible to clear her but tat
was impossible 10 and that though his wheel was
put hard the Tempest had fallen of but little when
the Belle struck her, stem on near the port cat head nc
angle of about two points, and cut into her 10 % feet
knocking out the forenast, and sinking her III rev
minutes
materially shakes this statement the pilot on the
other hand think the testimony of Capt. Yates OF the
Belle, when carefully considered tends TO show That
there was material change in the course OF either YES
selunt tho Iempest's wheel was put hafd aport Inc
course till that time, and If there was any Oh the course Oh
the Belle small TO still leave the vessels ap
preaching each other nearly head and head H..
The Belle having the wind free and the tempest Delng
close hauled the duty Of the latter 20 Keep our OF
the way fhis so well settled that acltaon Oh autno
| tiles would be superiuOds
IL certainly the duty of the Tempest to hold her
allow the Belle TO choose which SIDE OF er se
would pass She did understand the proofs unt
became evident that collision must take place uess
something done, Snc then ported her helm Nhether
some other mfncuveron her part might not nave proven
successful, this Court VIII not stop TO inquire Her
mo maj Il
e had boen brount by the fan Of the Belle and by no
fault OF the Tempest The Of vessel thus brought
imminent jeopardy by the fault OF another commit
ted I'm n moment OF alnrm will not subject her to dam
ages nor prevent her recovery This is perfectly Ia
nnar principle OF constant application by Courts o. Adj
The duty Of the Belle obvious and simple she dis
covered the gLt 81 tho Tempest IN ample time 10 have
cleared To accomplish this she should have taken
such early and decided measures az would prevent Doh
the danger and alarm she failed to 90 TINS ana must 10
pronounced ~ ault ana respOnsD TOT the
re insist mat TPGn tne PFo ond '6 that ~ @
Parliament, She cannot recover. Assuming that me
Tempest WAS British vessel there aretwo answers 10
FIRST: There is no proof whatever that the failure 10
carry the eolored ghsSprescFbed by the British MOT
chants shipping ACT msled the Belle, or III any way con-
tributcd 20 produce this disaster
Sergpd Tile act Parliament In question has no ap
plicluOn the equipment or conduct OF BRITISH snip
when meeting fore ship on the high seas, ana can
furnish no ruc by which the merits OF controversy
growing OF collision with foreign vessel. can he
tested This has been repeatedly decided by tne EnSsh
It
this question was considered, and DR.. LlshingtOn
| remarked "WhoH q British and foreign snip meet
ON tho high seas the usual rule Is that the statute
IL not binding; clearly ~ A. not binding on the
foreigner: and II Il were considered binding on tls
british vessel the British vessel would manifesty
DO under an undue disadvantage. believe the
practice Of applying the maritime law 20 Sucn cases mas
been followed universally up 10 the present moment ana
hold such 10 I've tho law This case was alfnle1 on
gDpeai bv tie Pvy Council the Master OF the Rolls de-
Lvertg The judgment the course OF which he says;
We are az opinion that Tins collision must be considered
10 hRvo taken place the high seas. in place where
foreign vessel right 81 sailing without being bound
by any Of the provisions OF the statutes enacted 10 govern
Bl!tsb ghps Tlis being go IL follows that the Mer-
chants shipping Act has application 10 tnls case as
has been fully determined that where BRUSH ana lOi-
egu shin the gi the statute Is not binding
upon cithcr The principle therefore by which TINS case
decided must be found Ia the ordinary TLles Oh
tho n Lush, 42l. 432l."
The same doctrine laid down by the High Court or
Admiralty the Dummies 5wabey, y. CD, ana III the
Zovercin SWabey. To the point Is the case OF
the Chancellor ~ Morris. 4 c., 202l.
The only ease lind In the English reports Where a
contrary doctrine held Is that OF the CeadOn Lush
1881 I'm this latter the point seems 10 have been
ed upon without much attention, and without refer
fact that had been decided the oihcr way ny
the High Court Of Admiralty The weight Of authority Is
application 10 the case British ship meeting foreign
ship the high seas Upon principle, THINK TINS Is
correct
OF course this exposition Of the law refers 10 the state
OF things existing the date OF tins cOlislOn-lo62
since then the United States well other nations have
passed laws similar OF Great Britain, relating TO
ths ights which sailing vessels are bound 10 carry
Let decree be entered for the belants with an order
20 8 Commit --luncr tO compute the damages.
Is BANKRGTTCY-Bcforo Judge BLAICHFORD.
Petitions IN bankruptcy were MED by duncan
PhyIe Andrew Wilson, and Joseph L. Moore OF ths CITY