The New York herald., 1869-08-26
NEW YORK CITY.
The COURTS.
UNITED STATES DISTRICT cuuRT-M ADMIRALTY
Important Collision Decision.
Before Judge Shipman.

Important Collision Decis;ols
Before Judge shipman.
me Nep RaUeD Steam Transportation CbD,panl
us. The Ne,o Hauen Steamboat COmpdnv.-In thil
case. which was tried at the last term Of the court
held at New Haven, Judge shipman yesterday de
livered the following declsion:-The litigation arose
through q collision between the steamer Northamp
ton ana the steamer continental by which the attsl
ants, the owners OF the Continental
JUDGE eHlpNAN's OPINION
~ssS 5ss.ra p1ossS Ssyona sA' mo '00"DS
OF the harbo and hauled her Sound the
each other nearly end on so as to
seogdThs. a hi. poin. the vessels IA,
tSs ssson y parting her s Wheel and passing
each 81 pe som % S. S the Do. @ e. tim. forward m tn. COL
is.on those charge Of tho Northampton all the lights
FurAThat from this point OF time forward TIL just be-
fore the collision the Northampton had stern light set,
though and side hts were burning that those
Ssasf s Of s G S Asi
shut in her and showed her red light when the vessels
tsrhsi minutes before the collision the lookout
Northampton lite s;srooar bow and reported her
TO the pilot house az a sal on the siarsoare bow -,
wheel of the Continental naturally msook the character OF
Sci until she soandci her Whistle.
IN consequences Of l his mistake ,hs wheel of
passing the approaching ese on e sarponri side put as
Ing each other rapidly the bow Of the continental the
port side OF tho Northampton as already ststed.
From these facts ls obvious m the northampton was
IN fault having light She running In direct
violation of law, which required her 70 have "a central
white fights" (U ;. Statutes nj large, 22s,
section ll) led that those In charge OF
the Continental the bow and green lights OF the
Northampton they ought TO have known that she
and have ported her wheel in obedience the rule
his claim the ground that satin vessels In such
inland ws.es white lights at the bow and that there
fore the alleged mistake inexusabe But do not think
this ought prevail The Northampton into
clearly IN fault the officers OF the Continental aese
that they deceived and mislel IN consequence They
she been they would have undoubtedly cleared her by
the they took. 1t is not surprising that they did mis-
take her. the presence of while light short period Of
tne on the forwart part OF sailing vessel cannot be
usual or extraordinary circ instance. II Is much more
likely thing TO than steamer 10 he pursuing her
and rapidly approaching another with OF
the lights required by the statutes hauled down. and for
tine and tha. a critical one wholly out of sight.
But FOR this clear suit of the Northampton which
well calculated to misel and by which tire officers OF the
In the event the collision had occurred II did been
manestly n the wrong and responsible in damages. IL
would have been duty to have ported her wheel and
boat would have passed on the port side of the other Fall
1t though che made mistake think she led into that
by The a o! the Northampton andthAt
latter has no Claim against her.
have not examined the evidence very critically see
such manGuyre after the Eorhampton whistle sounded
As TO have cleared her.
From the whole proof these points satisfied that
when this whistle frat sounded the vessels very
each other and the danger imminent.
IT'S wei settled rule In cases or collision that when
vessel has been brought into danger the fault Of another
she will not be held TO rigid responsibility for
med In moment OF alarm, peril or pressing exigency