The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-13
NEW YORK CITY.
1RE COURTS.
UNITED STATES CIRCUIT coua1-N ADMIRALTY.
C0Ilisi0n--Ifights Of Ferries.
Before Judge Nelson.

Before Judge Nelson.
AUTed Holt Ell al. Us. The Steamboat d. 8. Greg.
Oru-The libel was fled in this case against the d.
3. Gregory to recover damages Tor o collision with
the steamship Talisman in the port OF New YORK on
Che morning OF the 18TH OF January, 1862 ABOUT
napast nine O'Clock. the Gregory was one o. the
street, Jersey City, across The river 10 inc ioot VI
Cortlandt street, city Of New York. the Taisman
came into the port on the afternoon oil the l4th OF
january and anchored in the river about In the
us"al track Of the ferrvboats running between the
two points above mentioned. When she arrived
there was thick fog aud the river full OF vessels at
anchor and moving, So llat some difficulty was ex-
perienced in finding an open space sufficiently large
to anchor her without being iI dangerous proximity
to other veBsels The ID. ). Gregory passed under
the stern OF the Taiisnan In one OF her trips and
saw her just as she was dropping her anchor on her
arrival IN the river. The log continued through the
night and the next morning, 30 that 1t was dlnlcult
20 see vessel ut distance Vi ships length ahead
The D. 8. Gregory struck the Taiisman about mid
ship on her larbOard side, head on, ON one oil her
trips rom the Jersey to the new SSrx si o do ih
ferryb0at In fault upon tile facts and after the best
examination we nave been able to give to the case
we are inclined to concur with linn.
The main and STRONG st argument against this
conclusion Is that the Ialsman was In iault In an
onoring In the usual track Of these feiryboats The
time, who, Of course, well knew their usual track
and Il we could agree that there was isult N an
Guilty In coming 10 a different conclusion But we
are not willing to establish as rule OF navigation
take care and outside vi tho line OF any and
Ill the ferries crossing Il ~ this pace. There are
some seven Of them within comparatively short
distance from each other ana II u apparent that to
lay down any such rule would seriously interfere
The track Of these ierrie1. regarding WINDS ana
tdes, arc Of no tncon5deraDe width, and In tue az
gregate, would occupy o very large portion OF II.
which would be FORBIDDEN " the accommodation OF
vessels engaged III foreign Of domestic commerce.
We must hold, therefore, tnaC the iail5nan was not
In fault in taking her pos,,oe IN the river especially
on her arrival; ana 1t was tne auty OF the d. =.
Gregory TO take every reasonable piecaulion IN It's
power to avoid her In tAiS we THINK, sne 1allcu
She knew the Tallsman Was anchored In her track
the afternoon evening he ore, anu as the Tasman
aud the ferryb0at passing her every trip she was
making. she ID chargeaue wLu notice or her POSI-
ton. and should have SO navi4ated as to nave
. avoided her.
Decree below afiirmed.
Rate Of Damages.
John G0rt0n ct al u.s. Tie Propeller M07V j.
Vaughan ana Steamboat Iei Ofuph.--Thls libel was
led to recover damages Tor the loss Of quantity Of
barley shipped from Canada to New York. by a col
usion on the Hudson RIVER We have heretofore
held the owners chargeub Tor the loss on account
OF carelessness and Acknowledgements in the nayiga-
ton Of their vessels, out reserved the question OF
damages for reargunelt. Tue properly was pur-
chased at ST. TnOtny's, Canada, in October, 1o64,
which cost in gold seventy-twO cents Dushel, Cana
da currency. The court below allowed rs damages
this sum per bushe IA American currency, aud re-
fused to convert the price into an equivalent to the
currency In Canada AL the Tune OF the purchase OF
the barley and also Of It's loss one dollar In Canada
currency was equivalent 10 y AZ American. 80 much
OF our currency Or rather at such rate i'll IT, the pur
Chasers had to pay per Dashei; In other words 1t
cost them 81 l6 to buy one dollar OF tins currency
preparatory to the purchase Oh tue barley. IL Is
argued that the rate OF uunages cases Oi loss by
cOiiis the value OF the article ut the port OF
shipment at the time OF the loss and not the port Of
destination and that the Court was right in taking
the Canada valuation. But we think IL erred IA re-
fusDg TO the ibelants iul jnden.nity for the loss.
This, as Is apparent required the conversion OF the
American currency on Wliich the decree was 10 pc
rendered., into an equivalent Tor the Canada IN Qold
The damages, as allowed, ieli snort OF u moiety or
the loss; and this founded on false fechnicdlliy,
namely, that American dollar Was equal 10 a
dollar in gold Canadian currency, although " was
proved In point of fact to he OTHERWISE
The established RUE in all tls Class or cases Is 10
give such damages a. WI allorJ Iul indemnify
against the wrong-d 10 the aggrevcd party; and
we are not satisfied that any lnsuperabe di1lculty
exists or that any illegalty Will De committed IN the
present case III follow ing ont this rue.
The principle which should govern IL was applied
by Judge Hall In the OF tie GIif1n ". Law Re-
gister, which was atrmei IN tie Circuit. Accord
Ing to this rule lhe libeantS are entitled TO the
value OF the barley in tanada currency at Tie time
OF the loss, together with the freight as 1t was also
paid in this currency. Tie counsel can adjust The
amount for which decree be entered II not 1t IL re-
ferred 10 clerk.
above