The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-24
BROOKLYN CITY.
TIE COURTS.
uAGD STATES DISTRICT CouaT--IA ADMIRALTY.
Col lissSn on the North River--Dccision by
.Iudun Ranedici.

The Security Insurance Company Us. The Seam
boat xtdd.-The Mercantile Mutual INSURANCE.
Company as. The SaTie.-rhese two actions, whlca
have been tried together, were brought 10 recover
the amount OF tue injury caused 30 the cargoes Of
two canal boats, the Emma Davis and the William
Burr, by collision, which occurred on the 10th Of
September, 1869, between the steamship Borussla
and the steamboat Aida and her tow, OF which The
canal boats named formed Il pert.
IL Is not contended by either party that the col
lision was caused by any negligence on the part 81
the canal boats. The sole question is whether IL
was caused by negligence on tie part OF the ALICIA
which was at the tune towing the boats
The tow OF the Aida consisted OF two barees on
each side and hawser tow OF thirty canal boats,
arranged IN SIX tiers of five boats each astern OF
OF winch were a sloop ana two barges on stern
nawser OF some a4o iathous long.
The tow was bound down the North river on an
ebb tide and the Borussia. large sea going pro-
peller, was lying al anchor near the middle OF me
river OF the dock OF the HamDurg steamers.
AS the Aida and her tow came down TO tho Bo-
russia she determined 10 pass To the eastward OF the
steamer, thai is between the steamer and the New
YORK shore and she did herself so pass IN sa ETY.,
but in passing her haw ser tow came Ia contact WIN
the bows OF the steamer and the canal boats Emma
DAVIS and Wiiam Burr brought up heavily ON the
Borussla and her cham ana were SO injured thas
their cargoes were totally destroyed.
The defence OF tae Aida "a now made Is that tire
collision was OccasiOned by an event purely fortui-
ious-namely, sudden squa OF wind struck the
BOruSsia as the Aida was passing al a proper DIS
lance, and drove her to eastward ana into the tOw
In support OF aud In opposition TO this defence
mass OF testimony has been taken, which Is notice
able for It's bold and inexp lcaDe contradictions.
has ali received my best attention, aideo by the
tul briefs OF the respective advocates, ana IL has
failed to satisfy my mlnd that the accident was
caused az claimed in the defence. on the contrary
can entertain no doubt, alter weighing the evidence
with care, that If precantion had been exercised BY
the pilot OF the Aida, which The circumstances re-
CURED and which the law imposed upon HIM, he
would have avoided the vessel at anchor ana the
COLLISION would not have occurred must accord
lngly hold that the collision was OccasiOued by the
fault Of the Aida in not avoiding the Borussia, as
she was bouud to do
content myself with this announcement OF the
result OF my examination and comparison of the
testimony. not deemlng 1t necessary TO spread out
IN lengthy opinion the various portions or this
mass OF evidence, which have led me TO the conciu-
sion arrived a. as all OF it, am glad 10 believe viii
be placed before the Appellate Court, and my error
IL have fallen INTO onc-there corrected. The de-
crees viii therefore be IN favor OF the libelnts
orueis vi reference 10 ascertain the amount Of
ages.