The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-11-09

the foregoing facts were to the effect
that those on board the Dowsett
could not be in Il favorable position
for taking accurate observations as
to whether the schooner had lights
or not, and observed that without
imputing perjury to the Dowsett
people, it was reasonable that 'the
readiness with which the steamers
crew would be likely to color the
evidence that would tend TO excul-
pate their own negligence must also
be taken into consideration" This
was to the mind of the Court, "a
more satisfactory solution than to
impute, without foundation, wilful
perjury to the captain, mate and
watch of the schooner Moiwahine."
Laws, authorities and decisions
were cited to show that it was the
schooner had right of way, that it was
the steamers duty to alter her
course to prevent collision as well as
to slacken speed and that the
watches on deck must fulfil the con-
ditions of efficiency and vigilance,
which conditions were not fulfilled
on board the Dowsett, the men
having been overworked, rs proven
in the evidence. Shipowners must
be responsible for the consequences
of keeping their men on duty SO as
to render them physically unfit for
efficient service on watch. With
reference to the point raised by the
Dowsett that the collision might
have been avoided had the schooner
put her helm down instead of up, a
United States decision was quoted,
viz: "this is the stereotyped ex-
cuse usually resorted to for the pur-
pose OF justifying careless collision.
1t is usually improbable and gener-
ally false"
"The sailing vessel" continued
the Court, sis not allowed to change
her course; the law chooses it for
her," and the putting down of her
helm instead of up, cannot be con-
strued into a fault, although it may
have been an error, but it was an
error for which the steamer was re-
sponsible, and for which the
schooner could not be held RESPONSE
BILE where collision was imminent.
With reference TO the respondent s
argument that sufficient effort had
not been made to save the steamer,
the Court only went so far as to
suggest that the captain might have
remained by her in the boats until she
sank. The decision concludes as
follows:
''Having found that the Moi
wahine is blameless of the loss of
the Dowsett, and that the Dowsett
caused the collision and the damage
to the Moiwahine, the amount of
this damage must be considered.
1 allow the ship carpenters
bill for repairs -. .S270.3
Fees for three surveyors at
SIG :. 1890
The schooner was detained
six days undergoing re-
pairs. Her expense is
testified by Capt. Sta
Piles to be SIS per day.
allow for this :. 10S.0(
Mr.. Sorenson, the shipwright
says the damage to the
schooner by being strain
ed is at least 80. 250.0C
And ] allow this. --
Total .......... .S676.3(
And interest from 9Th July, sc
cit does not become necessary, il
view of my previous conclusions, t.
consider the question, new in thi
country, whether Mr.. Allen as tn
owner of the Moiwahine would b
, liable to the owners of the Dowset
for more than the value of the Mo-
wahine. The libel of the Pacifi
, Navigation Co. VS.. S. G. Allen
dismissed. A decree may be take
out in the cross libel condemning tn
Pacific Navigation Company in til
, sum of S676.3O, interest and costs.
; MIR. Whiting, of counsel for libe
lants, noted an appeal to the Cour
. in banco.