New-York tribune., 1870-05-28
THE COURTS.
UNITED STATES DISTRICT COURT.

Before Judge BlatclJord. -Benjamin Bennd
a. @g az re TSe SehooSer H5rt O. Ii
bels-te first Jor o. Ooo e SECOND for " sOOIhcse ao
mel between Blackweis Island and New York, on the
lth OF October 1863 The wind was fresh IRON h1rth %
cast blowing against tide, which was running Hood
The sanderson was bound for NewYOrk from Nova SEQ
a had passed through Hell Gate taken PoI ,ne anu
TO anchor close to Blackwes Island leaving bundaneea
Of channel room TO westward ana lay uGef e soc
being allowed to draw, her main sheet hauled nght ait
THIS wat s cesSr pS o which ay The was
beating through the gate to eastward with the 1de ana
standing the river from the New side tackled
near the Blackwes Island Shore and close 10 the
OF the Sanderson that the tide carried her against
the anderson The defense was that the sanderon was
not a anchOr but the Court found the foregoing facts
and that In its opinion the desire OF those in com
mand OF the Lawson TO overhaul schooner IN advance
OF her induced such reckless sailing and careesness "a
TO the situation OF the sanderson as to render the former
vessel accountable for the collision decree was ordered
dismissng the libel in the first case and reference
ordered 10 compute damages in the second. d. McManOn
for the LAWSON Beebe, Donohue COOK Tor the sander
son. ~ L.,
engine de-, and Leois ". Phiihps agt The Sdme-Ihe
bes in these for damages to the coal barges
case and John Hays owned BY the libeant in the sec
ond easel which, with their cargoes Of coal were SUM sunk
the buoy Off South AnbOy on the 10Th day OF Juy
1861 while In tow Of the steamer. The Haggerty aIu n
cargo damaged $1,000 the Hays and cargo s,o 49,,
down the Raritan River with two boats on each sd anu
four in hawser tier at considerable distance asoa %
on her right side and her left the one on ne gn
was lake boat, larger higher, and heavier ina than hgr
self and the Hays The latter was on the right
side of the lake boat The boat the left side OF the
Uargcrty was Schuylkl boat about her own size Ihe
tow passed ont the river by South Amboy ana around
the buoy at the tail OF the flats or oyster pes b nb
around to Perth Amboy. The steamboat drew 700 huch
water TO cross the fats the tide being eDb ann so LOON
the channel route. The boat sunk IN NlOeht STORM anu
heavy sea the wind east and as the tow turned the
buoy the sea struck the Hays on the starbOard sde
throwing her into the trough The question was Whe.r
the steamboat exercised proper precautlon III underak
ing the long and exposed trip she did The weather was
randy growing worse when she left the river, and 1t
was easy TO see that the the bay running high
There was good anchorage in the river.
The Court Thought the defense that the barges hatch
covers fastened down untenablc, the evidence
being conclusive that they washed of by the force
of the waves and 1t not established that their loss
contributed 70 the disaster. The dasng Of the Hays
against the heavy lake boat and the violence OF the
storm both barges the occasion Of the loss and
the steamboat responsible for exposing them 10 such
risks Decree for Ibeants. Scudder * Carter Tor
ibelans T. Ii. owen and James Taylor for claiInants