The daily gazette., 1879-05-06
FIFTH EDITION.
KREMLlHE W. golden GROVE.
Opinion Delivered by Judge Brad
Brad1Ord-.-Ehe Golden Grove to
Bear the LOSSES, Amounting 10
047.424.60.

DFb01Of0s.sGn0 0Oh0em GfOVo 10
nssr the Losses, Amounting 70
At session of the u. 8. District Court
this morning, Judge Bradford delivered
his opinion In the case of John s. Emo
ry and others, owners of the brig Krem-
Tine cs. the steamer Golden GrOUe. The
case arose out of collision, which hap
pened about one o'clock a. m, on July
9th, 1878, between the Kremiine and
Golden Gr0Ue. The ormer was bound
for Boston with cargo of sugar, and on
the night mentioned, when thirty miles
south of Nantucket Island was run into
by the steamer, which was from Eng
land, bound for the Break water and
sunk. The owners of the brig and car
60 brought suit against the owners of the
steamer, and the case was tried in the
U, s. District Court of this city. 1t has
been regarded as one of the most import
ant admiralty cases that have been up
for adjudication for several years. The
amount Of damages claimed was $49,-
600.
On July 18th last the taking of srpdrte
testimony for the libellants was COM
menced in Wilmington, before f. e.
Bradford, Jr, Esq, of this city, and in
Boston before Dodds q Son for the re-
spondents, testimony was taken by Levi
q. Bird, Esq, of this city, aud Coudert
u Co., of New York. The case was
argued in this city in December last, and
at the conclusion of the trial the decision
OF the Court was reserved until to-day.
The opinion opened with a review of
the circumstances of the collision, and
held that from facts clearly proven it was
evident the collision was not the result
OF accident, in any sense Of the wo,d, and
therefore was the result of fault. 1t next
reviewed the much disputed question of
the nature, character and location of the
lights displayed by the Kremiins, and
concluded that from the testimony taken,
1t appeared that the principal light dis
played by the brig, could not possible
have been 0bstructed or obscured by her
sails.
The opinion further held that when
the two vessels approached within 200 or
800 feet of each other, at the rate of speed
they were then going, it was simply i'm
possible to avoid a collision, and the only
effect Of the brig starboarding her helm
would have been to strike the steamer q
serious blow upon the port side.
After reviewing the circumstances, at
tending the collision, as apparent upon
the testimony Of the crew of both vessels,
the opinion held that the steamer was in
fault in three points, viz:
l. The steamer had not q proper and
sufficient lookout just before the colli-
sion.
2. The officers and men in charge of
the steamer were careless and grossly
ignorant of the meaning of signals which
should have been apparent to any ordi-
nary observer.
y. When 1t was apparent that the YES
sells were moving towards each other, no
step was taken to slacken the speed or
reverse the course of the steamer until
the vessels were within 200 or 800 fee,
Of each other, although there was ample
time to have done so.
The opinion held that it was clearly ap.
parent from the time the firft torch light
was shown by the brig, there was plenty
OF tin Q for the steamer to change her
course, and it was her duty to have done
so. The Golden Groue, was wholly in the
fault, and it must bear all the losses sus
tanned.
The opinion concluded by decreeinl
that the owners of the Golden GroU
should bear all the losses sust aimed BY tn,
collision, in accordance with the follow
ing award of values:
Value of the Kremline at the time O
the collision, $4,000; cbronometer, S15O
clothes of Chas. Smith, $50; Captains per
soDal property, $254.1y; charts, $28l .25
clothing of Captains wife, $500; mate,
Clothes, $198; able seaman's clothes, S76
second mates clothes, $li1;Smith's goods
$50; cooks watches, $193; goods lost by
Francis, $75; cargo, including origina
cost of sugar, export duties, &C., $50,
43l .2l; freight, $1,000; total, SAT 424.65.
At the conclusion of the opinion the
Court adjourned.