, 1873-05-05
COLLISIONS AT SEA.

Tho Rulc Of lsond MT Sen, and lscgn1n-
ttolis rs To Speed In Crowded Chsl1'-
1lelx-Dcci.iOn Of tho Admiralty Cnso
Against tho Propeller ERGO Stntcs
Juntico Emmo,a has dooii!otl un important nd
miralty caBo, IN tho United Bsntos Circuit Court,
diminishing tho ltbol outorod ngnnat thorropoiicr
Tree Btato, for collision, by which tho bcoW
Muisol .was sunk.
In tho District Court, tho lbolant obtained n
docroo, md this dccroo tho Circuit Court ro-
yoracd, tllsmisslng Tho libel. Tho grounds of
dlfroro,ce mainly woro that the Diatrict Judge
founded hts docreo OIL tho auppoAition Tint tho
channel WAS crowded. with shipping, which I'M
poscd upon tho Free State tho duty or aiaeken. G9
could not find from tho record. LILO 1Acts Wcfo
substantially as follows:
Tho hsse coming up tho rivSr Hewec ana Mn,
den and Dols g!nno lslan and near Tue cahaua shoso; @
lighted, with lockout and Officers wcl, plaee ,ts wa1
coming down somewhere near said chsnl'ci a. in u,
Bpoed. At the time, tho steamer Cooko cnmo up
betwcan tho Melycl and tho Canada Hho1c, and OK;
changing tho Atin signals for doing, they rssss'd
rasaed between hor and tho Bhoro, starboartcd, nIa
rot o hs,s hse alone x. Ut
! n1oincl, and ahc hail clean. run hcforo hcr
~ y T1sn s nsf y @ S osr ss
in tho vicinity and there waa othina 70 Induce
suspicion tho part Of the Freo State That she would
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tered, Ia circumstances rondering auch uty tmrsE-
I've. Az the coato paused tho FREQ s!"te, ana who
Tho ese wss sny,ng heF gresm @ a norSWae
directly tha Of the froo State tho atter az was
oay but s y s ID Ill. III 1saas os:
iision inevitable from tl.o ovelnent tho Mossl port,
across her lows, md was. sunk so instantly ua
to result In oss Of ltfc The instant tho rod Light waa
opcno to tho FREQ State, Ivory effort waa ma1o to mr.
rest her rrogre.a Tho morning had 80 fer advanced
that vessos could bo heen milo nway. The ntinos-
sss al Mifs eoDon. s 1 g No
abe for safo.y. II rreaons but tho common caae Of
descending yssae meeting ship without g c!rsuM
eninR apeod exists, 1t ia only bceauao tho rulc Is uni
yorsally nppc.ble all sirenatsnces g seentemrl.tes
aEs n hose hn sa9s ~
the District Court administered IN this casc and more
ps4 and e .ea shat II ,es ss 2
constr tises 70 Sna 10 q tho met nc,
speed Az dn necessary re-
Fa' upon I'll stenmors meeting fa vessel II oTo,n
stances demanding . change Of course In order I,
ali lta consequences IN practical NAVIGATION, We ar
compelled to dissent. We discover Ii. tho facts
stated n tho sit Of T f
sanitation of tho rod fight Of the Melaol iInmedatel
under her bows suddenly prompted TIC nttcn,pt..
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donc, we hold hor to DO without fault.
In this opinion tho learned Judge entered q
great longth into tho history Of similar cnsea
aud tho rSlIes adopted in this country. and Eng
lind, AZ tho result of mutual experience MI
conference, in reference to tho rulo Of road O
soa namely, to port holm in coming stom O
from different directions, and, whore thore ]
danger apparent (such as crowded shipping), t
Blaokon speed. II appeared that tho acow stal
boardcd ler holm, md thus tho collision too
place. There was nothing to show TINT tic roa
was crowded, and therefore no neceasity on th
part of tho FREQ Stato to slacken spoctf.