The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-10-20
THE NEDJED TO BLAME.
so JUDGE sPEg R DECIDES IN THE
BIG ADMIRALTY CASE.

0at4Ou-1u9 DhSsS "a ~ IA OpGSA
Dec.sion.
Judge Emory Speer, among other weighty
eases considered during his vacation, has
inst decided at Mount Airy the admiralty
case of the Nedjed VI. the City of Macon
The suit grew out of the collision opposite
the Savannah, Florida and Western railway
wharves on Oct. is, a year ego, between the
twosteamers, and involved between $4,000
and $1,000 900. The Nedjed is u British YES
sci. and was going to sea with cargo of 800
bales of cotton The City of Macon, one of
the regular Boston and Savannah steam
shius was outward bound fo- Boston. The
decision is based on the following finding
The Macon, coming astern of the Ned
led. signaled the latter thai she would pass
her on the port or north side, and, as she
was proceeding on the course indicated the
Nedied made a sudden sheer and ran
aground on the north side OF the river d.
rectlv in the path of the City Of Macon. Ii
was then too late TO avoid a collision. 1t
was urged in the trial for the NedJed that
she signaled the City OF Macon not &c pass;
that the channel at that point was narrow
and dangerous and that the Nedled was
uumsnaceable, because of bad loading, and
would not steer, because she took the bot
tom, The court held, however, from the
evidence and the charts that the channel
was amply wide and deep, in the then con-
dIticn OF the tide, for the vessels to pass.
JUDGE sPEER's OPINION.
The following extracts from the opinion
will indicate the grounds of Judge Speer's
decision: 1T is further insisted by the
libellant that the Ned Jed, by three blasts of
the whistle, declined to acquiesce In the
purpose OF the Macon's master TO pass to
port, and that It was negligent in the pass
ing vessel to proceed on that course. 1t is
however, by no means clear from the evil
dence that the Nedjed gave the signal Of
non -acquiesceIce 1t ID not disputed that
the Macon gave the proper signal for her
course down the north side of the chanue =,
nor that the usual and proper course Of the
Nedied was on the south or starboard side,
but it is seriously in doubt whether the
Nedled blew two or three whistles in re-
spouse TO the signal of the Macon. The
court is inclined to the belief that three
whistles we're blown by the Nedjed, the two
first at such an interval that the
master Of the Macon might well
conclude that his signal was acknowledged
and asseDted to, ana the third at such later
interval as would justify him in designating
1t as without significance, and as unIm-
portant.
THE MASTERS TESTIMONY.
1.-THE testimony Of Frederick, the master
Of the tug towing the Nedjed will warrant
this opinion. Be this as it may, there is
nothing apparent which would inhi5it Capt.
Lewis from proceeding on his proper course.
The Nedjed from all the testimony was on
the south side OF the channel. She was under
her own steam and had the assistance of
tug. There was, as we have seen,
q favorable opportunity for the Macon
to pass, and if it appeared to the
master of the Macon that the Nedjed. pro-
perly navigated, could not get in his way,
there is no rule which makes il his duty to
60 asera of a slower vessel because per-
chance the officers of the latter might prefer
1t. At this time the Nedjed was straight in
the channel. Ths tug was pulling her over
to the south side; her course was straight
down the river in the wake of the tug and
Capt. Lewis of the Macon had the right to
presume that she would stay there.
THE ONLY DANGER TO BE SEEN.
''The only possible danger of collision
which he could foresse would have resulted
from suction, and it being the duty of mas
tiers Of both vessels to provide against this
danger, it was plainly iccumbent on the |
Nedjed to keep to starboard as far as posi-.
bleh
The ANALYSIS of several decisions of the |
supreme and other federal courts follows,
the court deducing from them the rule
that while tie pursuing vessel is under the |
duty to use great precaution and keep out
or the way of the leading vessel, the latter |
Is ais under obligation not to change her |
course without a satisfactory aud conbroll- |
Ing reason therefor.
IN the case under consideration" the |
opinion continues, "the reasons offered for
the erratic course Of the Nedjed which led |
her suddenly to leave tie south side |
of the river aud sheer entirely
acrosS. not only the channel, but
the 400 feet OF river itself, crossing the
course q the Macon and going aground on
the northern shore. was that she did not
steer well even With the assistance of the
tug, as sac was Improperly loaded; had a
List to starboard and took the bottom.
THE NEDJED TO BLAME.
"All of this proceeded from her own mis-
Fortune. or TIE negligence or want of iud1-
ment ct her people. 1t does not appear that
eny OF these conditions were or could have
been known to Capt. Lewis, in charge of
the Macon. He had the right to presume
tnas the Nedjed would obey her helm, be
lnSelligently guided and kept on the south
side OF the channel. her best, most direct
aud her lawful course. He could not an
uclpate that she would sheer suddenly
across hlo bow il such manner as to crowd
his vessel on the north shore and make a
collision inevitable, and YET such is the iG-
exorable conclusion from the evidence. 1t
20 OdNslA9 6NlAoDb tIab IueIe NOulQ nave
been no collision but for the extraordinary
and unexpected movement of the Nedjed,
and 1t cannot. we think, be properly main
taiue1 that the Macon be held liable for ia
jury resulting to the Nedjed from her own
misfortune or her own fault
The opinion filed contains thirteen pages
OF typewriter matter. 1t discusses the
evidence and the law relating TO the relative
duty of steam vessels passing in narrow
channel, and on all points is in favor of the
respondent. IT concludes with the following
sentence: 1.-THE cause has had the patient
aud careful consideration that its import
ance, the care exhibited in its preparation,
the skill and learning in its discussion, all
unQuestionably merit, and we have reached
the conclusion that it must be dismissed at
the cost of the libellant. The decree will ba
entered accordingly"
THE CASE TO BK APPEALED.
w. r. Leaken, ESQ.,, attorney for the
owners OF the Nedjed said last night that
the case will be appealed, either to the
United States supreme court OF 70 the new
court of appeals. Mr.. Leaken cabled the
owners of the vessel yesterday the finding
Of Judge Speer, and will receive q reply
to-day. In case of an appeal to either Of
the higher courts. immediate action will be
taken.
The case was tried at the last spring term
of the United States courts. The costs Of
the litigation, 20 far, are IN the neighbour
hood Of 81, 900, and this amount will proba-
hlV he nnuofFarakfrr TO- afrro -