The New York herald., 1872-11-26
IMPORTANT COLLISION CASE.

The Steamer Java Cuts q Norwegian
Bark In Two and browns Eleven Out
of Twelve OF Her Crcw-DecisiOn
Against the Java-Damages To BE
Asccrtalned by United States COM
missioner.
In the United States District Court yesterday
Judge Blatchford rendered decision in the case
OF M. Petersen and another vs. the steamer Java,
her engines, &c. This was a libel to recover
damages for q collision. On the night of the 25th OF
August, 1871, shortly before halfpast ten O'Clock,
the steamer Java, while on q voyage from Liver
pool to New York, came into collision In the
Atlantic Ocean with the Norwegian bark Anitas,
striking with her stem the port side of the bark
square blow and cutting her into parts, that
the steamer passed between such two parts, and
they sank almost instantly. The bark was in
ballast, on voyage from Portsmouth, England, TO
Miramichi. or the twelve persons comprising her
crew
ELEVEN WE'RE LOST
The survivor was asleep below, and was awaked
by the noise OF the shouting from the deck OF the
bark and hurried on deck only to arrive there
after the blow, and to find the vessel sinking under
up by the Java. He was witness for the libel
lants, and their only witness. All he can tell Is
what is told above. The night was dark, there was
westerly, the Java was heading west-northwest,
with the wind and sea on her port bow, and
nants OF wind from that quarter. The
sea was heavy and the Java was pitching a great
deal. The bark was on her starbOard tack ana
was crossing the course Of the Java. The speed Of
the Java at the time was about ten knots an hour.
The libel alleges fault in the Java In not keeping
proper lookout, in not seeing the bark and her
light IN proceeding at too great a rate OF speed,
and not in time taking steps to avoid the bark.
The answer alleges that the Java had
TWO PROPER LOOKOUTs PROPERLY STATIONED,
and attentive to their duties but that the bark
was not visible until less than q minute before the
collision, when one of the lOOkouts discovered and
reported faint white light nearly right ahead;
that such light almost Immediately disappeared
and red light was seen in Its place; that
thercup0n the helm OF the Java was
put hard-a-port and her engines were
stopped and reversed, but she struck the bark;
that the bark was sailing without any col0red
lights; that Just before the collision she improp-
ery changed her course to cross that OF the Java;
that she did not discover the Java until just before
light and then the red light, which were seen by
the Java as soon as they were exhibited, and that
the collision was caused exclusively by the want Of
good management OF the bark Judge Blatchford
goes to say that II was the duty Of the steamer
to avoid the bark or to show a satisfactory excuse
for not doing so. He enters very fully into the
facts and circumstances OF the case and concludes
by stating that, as to the allegation that
the bark changed her course to cross
the course Of the steamer, there is no evil
dence to support it, There Is nothing to show
that she was not sailing as close as she could to
the wind while beating and pursuing her voyage.
There must be decree for the lbellants with
COSTS and refcrance 10 o commissioner to ascer-
tain the damages.
Beebe Donohue 4 Cook for the lbellants; Daniel
D. Lord for the claimants