New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-13
COIJIsIoN-THE RIGHT OF WAY.

Robert F. Parrot agt. The KnickerbOeker Ice
Ooupony-In the Superior Court at the General Term,
Justice McCunn, associated with Justices Barbour and
FitAan. delivered volummous opinion touching all the
points issue, and laying down ruling concerning
vessels upon the rivers This is an action to recover
damages oecasioned by collision on the Hudson River
plaintiffs slOop Westchester, in consequence OF
w wO" referred fer G' to the ''' Hon William Mitchell
as sole referee who reported IN favor OF the
the part of the plaintiff established the fact that the col
sion occurred about o'clock the morning Of No
that there was no wind and that several miles just
preceding the collision the soOp allowed by her cap
tain drift with the current over safe anchorng ground
and where she would have been out OF the beaten track OF
other vessels that the defendants steamer at the time OF
the accident heading stream In the usual channel
az anst swift current, with heavy tow OF barges and
boats CHARGE that she had all her lights properly set
and that they Of such magnitude and cearness that
they by the crews of the sOops at the distance
OF miles; that there wlnd and that the soOps
company had her to get her head down stream in
order TO enable her. suppose, to drift with the currents
there vessels lights in sight except those of
tho defendants steamer ana OF heT TOW Inc evidence
establishes beyond peradyenture the fact that the soop
allowed 10 drift with the current for miles In mid
channel Of one Of the greatest inland navIgabe
tnorOughfares in the world SO that the first and
The piainiiG under these circumstances is free
from blame or free enough from negligence to en-
title him We think, upon careful cOnsidera-
tOn OF all the facts and circumstances OF this case that
he Is not Before the plaintiff can recover IN me case ne
the negligence OF the defendants and second that he did
damage. The rule is that if the plaintiff by
slight negligence, contributed TO his injury he cannot re-
Neil agt Gilbert, Cow, 43 Had the captain
of the sOOp exercised ordinary this accident would
not have happened. blythe agt Bingham, 31-Eng Law
and EquityJ To enable party TO recover for negligence
there must be clean proof his part OF due at the
time OF the accident happening, saillngvessel has
right to neglect proper caution and throw the entire
responsibility OF accidents upon steamers. IL neg
gence 70 allow the slOOp 10 drift down river thickly
covered with all kinds Of vessels in the dead hour Of
night without the slightest power TO control
her. because IL is evident to the mind that
drifting with the current without wind has
steerage power The captain the steamer approach
Tug miles off, he should have selected safe anchorage
and brought his vessel too His not doing gross
negligence. The law requires from those in charge Of
vessels upon the water constant care and vigilance.
The testimony OF the captain Of the soop is that she
drifting down the stream without breeze, and the
proof of the pilot captain Of the steamer is
directly contrary to this, for he says that
she (the slOOp) going about eight miles
an hour down stream under good breeze and that
II the sOOp had kept her all would have been we'll
but that when within about so yards Of the steamer she
ued right the steamers bow and in consequence
the Camelia struck her and she was sunk. There
gross negligence committed by the captain OF the slOOp
III lung the steamers bow, and plaintiff cannot
According TO the testimony Of both plaintiff and
defendants IN this case, negligence committed
by the captain Of the slOOp Judgment Is reversed with
costs Flthian, j., cOncurTed. Titus b. EIdridge ESQ.,
for defendant and appellant Mr. Smedberg Tor plaintiff
and respOudeut.