The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-06-28
TIE NRpJED NOT AT FAULT.
Justice McCormick's Opinion in the
Famous Collision Case.

Justice McCormick's Opinion in the
Famous Collision Case.
The decision Of Justice Mccormick Of the
United States court of appeals reversing
the decision Of Judge Speer of the district
court In the City of Acknowledged case has
aroused wide interest in legal circles.
The case has been remanded to the dis
trict court with direction to enter a decree
10 favor Of the Bedouin Navigation Com
pany and refer TO a commissioner to ascer-
tain the damages sustained by the Nedjed.
The collision from which the case resulted
occurred Oct. IS, 1890. The Nedjed was on
her way down the river with a pilot on
board. She was towed by the tug Cynthia
and had a full cargo.
About the same time the Nedjed left her
wharf the City OF Macon started from the
Ocean steamship wharf. She overlook the
Nedjed and in attempting to pass her the
two ships collided. The Bedouin
Navigation Company, owning tho Nedjed,
through W. r. Leaken, Esq, and Charlton
& Mecksll. sued the New England and
Savannah Steamship Company for damages,
charging that the collision was the fault OF
the City of Macon. A mass of evidence
was taken and the case was tried in Octo-
Der, 1891, and resulted In a victory for the
City of Macon. There was no
contention as to the law and
regulations for navigating ships
In the circumstances attending the two
vessels immediately before the collision.
The only question to be settled was how
were the rules observed Judge Speer
found in effect that the steamer City of
Macon was not at fault.
Justice Mccormick says there seems to
have been very little conflict OF testimony
In the case. The vessels were both large
oh Nadia cd in
by 40 or As feet bsam. She was
drawing 16N feet Of water. The
City OF Macon is few sfeet
shorter than the Nedjed and was drawing Is
feet inch of water. After the collision the
Macon kept astern until the ship reached
Venus point, when the Nedjed stopped for
a survey and the City Of Macon went out 10
sea. Some of the plates on the Nedjed were
cracked causing her to leak badly.
The testimony OF the pilot, Fleetwood.
and Capt. Newey, Judge Mccormick said
was 80 we'll supported by the circumstances
Of the situation as shown by all the proof,
th 1t the court was constrained to conclude
that the Nedjed was we'll constructed. well
equipped and we'll differed and manned
steamship for ocean service; that she was
maneuvered to the best advantage reason
ably practicable IN that channel with her
burden; that she was not maneuvered to
cross the bow or crowd upon the
course OF the Macon. but was using
the best endeavors of skillful officers
with adequate machinery and appliances,
with the aid Of the steam tug Cynthia. to
get herself straight in the channel; that her
draft was such that she had barely water
sufficient to float her; that she was taking
| or smelling" the bottom, and thus liable to
| take sudden and inoalculable sheer; that
| she was O large vessel with a keel, which,
while it made her better for keeping di-
rect course, made her slower in obeyinZ her
| helm: that In about ten minutes from the
| time she left her wharf, and before she had
gotten properly Strengthened in the channel,
the Macon was on her in the manner al
| ready detailed.
The tone Of the testimony of the officers
of tbs Macon, Judge Mccormick said, indi-
Gates that their judgment received strong
| bias from a suggestion which appears to
have been present in their minds, and to
| have since affected the views OF the proctor
for the steamship company, to the effect that
! the British tramp had no right to act on
| the exigency of the tide, and of her own
! draft, which made 1t imperative on her TO
reach Tybee knoll at high water, if she
| would pass to sea on that tide, but was
| bound to either remain at her berth until
the Boston steamer passed, or TO remoor or
anchor out Of the way, if she had been
| given time, when she received the Macon's
| signal.
! From the view the court took Of the proof.
| it was clear to Judge Mccormick that the
Macon violated all the rules applicable to
| the situation; that the collision was the di-
rect result of her unlawful conduct; that
this result was not contributed TO by any
culpable defect in the Nedjed, or fault in
her management; aud that the decree Of
| the district court should be reversed.