The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-19
YACHTSMEN IN COURT.

JUDGE BENEDICT DECIDES THAT THE cLYTIE
LANTE.
An action has just been decided by Judge Benedict
in the United States District Court in Admiralty.
which is of especial interest to yaohtsmen involving
as it does, the application of the sailing rules in
peculiar situation. is believed that it is. in this
case. first determined that of two vessels. close
hauled beating out Of . morrow channel on the Same
tack, the vessel to windward and ahead
must give way and 60 about on approaching
the shore in time to let tho following and lee-
ward vessel tack in safety The circumstances under
which this becomes the law explained by the
learned Judge in his opinion. The action was the
filing of libel against the yacht Clyte by the own
ers OF tho yacht volante to the damages sus
tanned by tho tearing of the mainsail of the yacht
volante while those two yachts. together with tho
rest of the New York yacht squadron. wore beating
out of the harbor OF Now Bedford August Is.
1871 Tho damages claimed were insignificant in
amount. and the decision of nautical questions of
law and fact the object of bringing the action.
Out Of the two different accounts of the collision
given by the parties to the suit the following
the facts agreed to:-The collision occurred i'll
daylight, in clear weather The channel the
place Of collision only about one-eghth of
mile wide and tug standing out with two
yachts Ia tow diminishing the clear space available
by about one-half. The tide flood. The first
tack after starting to the eastern Shore On this
tack the volante came abeam of the Clytie. and
to the windward. The Clytie hailed the volante
to 60 about but the hail was disregarded. and
the Clytie, to avoid collision. passed in shore
of buoy 16. catching her centreboard on the
reef and falling off four points. When
she came by the wind the Volante. still to
windward, was ahead. the two yachts being
ON parallel courses with the tow in front. AS they
neared the tow the volante hacked to eastward I'm
mediatey after the helm of the Clytie put hard
down. and while head to wind and going fast enough
to steer well her bboom caught in the outer leach
OF the Volante's mansail.
The libel charged violation of sailing rule II
ARTICLE 10y. The defence that sailing rule "a
article 13) applied, the being in which the
leading vessel failed to give room to the fol-
lowing vessel to tack. 1t was claimed that
the narrow distance in which the two yachts
were compelled to work. the presence of the tow d
rectly ahead and the relative speed and position OF
the two yachts constituted special circumstances
under which the latter rule applies 1t was con-
for the Ciyte that inasmnch as the voante started
from anchorage further up in the harbor and asern
OF the Cytie. she was. therefore; the overtaking
who held, however, that the responsibility OF the
Cyte did not necessarily follow from the fact OF her
being the overtaking vessel. as claimed by Mr.. NJ.
| Miles, who appeared for the Volante. "There
time" said the Judge, cater both vessels
| the wind when the Clytie had gained on tho
Volante that impossible for her either to luY
clear of the Volante or go upon the starboard tack
under the Voantes stem. or clear the tow by bear
ing away slacken her speed or anchor And after
that point had been reached by the Clytie it still
| possible for the volante by shortening her port
| without hitting either tho tow the volante
| 1t was then the voantes duty to do this
| It was the Clytie's duty to hold on to her
port tack as long as possible without running into
the tow II there was no failure on the part of THO
they did convicts the volante of failure sufficiently
to shorten her tack and casts upon her alone the
sponsibity for the accident. 1t is thus seen that
the vital question OF the case is one OF fact ques-
ton of distance-namely, the distance from the tow
at which the Clytie when she came head to wind"
As to this distance the estimates of eye-witnesses
| given in testimony vary from twenty five feet to
| 200 feet. "But while," said the Judge, "the pre-
sumption certainly is in favor Of the of
the judgment formed board the Clyte in regard to
the tune when it was necessary to put the helm
down. the facts show this Judgment to have been err
| the tow she could have done with safety" On
this ground. and with regard to the fact that If the
| tow she would have cleared the Volante.
the Judge decided the controversy. 'For."
| he says, lit follows that the Volante, having
| by accident or design-and it matters not which,
left for the Clytie to como to the wind with
of no fault and that the fault which caused the col
lsion the failure OF the Clytie to go as near to
| the tow she could with safety In regard to the
claim that the Cytie should have swung to westward
| the necessary six feet, the Judge says:-"What q
yacht IL willing to do for the purpose of winning
| wager. she is in case of necessity bound to do
| to avoid collision. While. therefore, it may
be said to be requiring much of the Clytie to say
that she could have avoided the collision by putting
her helm hard aport after she had head to the
wind, IN view OF the evidence and the answer it is
not easy to absolve her from fault in this respect
decree was. therefore, given in favor OF the libel
lants. with order of reference to ASCERTAIN the
amount.
they not admitted in evidence, and the parties
preferred legal adjudication.