The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-08

Decision In the Narion-Harry
Lynn Collision Case.
They MUST DIVIDE DAMAGES.
TIE oeesDsS Uo1 Ne Loehsss snA sAs
ssAsssss osvs No Was.ise. -
Ben Aso Dlsmsa.

Unifed States District Judge Hansord
Yesterday rsndersd his decision in the I'D
nifssy cases Of the schooner Marion. Of
can k1neisco. " the steamer Harry
Lynn. Of Tacoma, and the Tacoma and
hocos Harbof Lime Company W the
schooner Marion The decision - - foi-
lows:
1ss Aesioa, . thrss-masssd schooner Of IS
80 ses Tonnage. with . cargo Of shout 35o.0o
80 Of lumber sad riies, inesrding hse deck
led. sailsd from Port Elakeie1 on the roensrg
q October =. iAae. bound foe Newport. In the
ssese Of California wish . light nogthvsss
wsno neS peo4ro0 N Puget sound vas slow. AZ
socteek p n October = che ~ OF Point No
tonr q which time she tackled, alter which
sno o about SIS p M. when the collision oc-
cusfs1. she stood on her sta.boa1d tack with all
ais 81 sseerts9 By the wind. and vas going
through the water as the rate Of about ball
ME pr -Four. but with the Get Of . strong eeo
zoe wes making considerable greater hesdway
SoSsfo Foul Weather biuH. which bore shout
ono point on her stasboard bow. With Point No
ro'ns bearing south southeast and distant about
one nile and . halt Tho moon had
sss ana 81 the time Of tie collision
q the place where IL occurred the atmos-
pnsre was clear. bot there vas fog bank I've a
sax miles shesd- The OTHER vessel, reopsllss
u about fosty-d tons, left Seattle late in the
eitefooon. bound Tor Port Townsend and Roche
HAfoos, aad ovsrtook the Marion and struck her
: Lite forward OF her Eaia rigging. about
- % % minutes altar the Marion had passed
roans NO Point After fousdiag aid point
me steamer took . position and course which
pisced her on the poss side OF the Marion and
ioisowing hss On - isterssetng coufss. The
senooaefs side lights we're placed Ia her fore
rigging and we're not Waffle 10 the steamer IN
vi too late % avoid the collision. This vas 90
psceuss until the steamer rounded the point.
they wsre ohseured By dtstAnes. aud asterwsrd.
untst she vas Len than 10 feet away. she was
more tnan two points nbait the sehoons,s beam.
Ihsrs was torch ~ the bsnnaeis ready for uae.
but II vas not lighted. and no warning Vas
gwen oy sound, although the master ana al the
men on the deck Of the Marion were aware OF
the presence OF the Harry Lynn. aad knew thas
thsy wsrs bsing oyertaken BY her for - least
nfsesn minutes before the collision. This neglect
sastsns responsibility for the COLLATION. upon the
schooner. The excusss offered By Capt Hodson
are that he supposed that his port side light Vas
visible from the steamer aud that u was in TACT
seen oy her lookout, and that on account OF
there being % many steamers and small craft
sdoAs In Puget SQUAD Il would require constant
attention and b too tsoubaSkome 70 give
warning 10 svssy one Of them coming within
DANGEROUS proximity. This last excuse IL sim
ply puerilo and merits no further comment
And the Afst amounts 70 an admission o: an
erro. which would not have been committed IL
thu, onceYs Of the Marion he'd been - observing
and prudent - The sisuasioa required. when
ths steamer approached within half . nils
without hailing. they csFtainly had no reason
Tor supposing that their vessel had besn seen By
those on board OF her.
Collisions usually result from mutual faults.
and this case b no exception whi,ss the
schooner failed 20 give doeice OF her position
and IVES not dtscerutbie for any considerable
distance from the steamer On account OF the fog
bank serving - background. still the latter
vsassi. being ateam propeller, easy 70 handle.
quick to answer her helm and being the over
taking vessel. ought TO have kept clear OF the
Marion. and Ia my opinion could have done 20
II there he'd been ordinary vigilance and skill in
managing her. The fault on her part lies in
the fact that she had ~ that time no lookout
except the helnsman, who was too much d.
vssted b. giving astsntien to the wheel and
compass 10 make out the schoonsf - soon -
she ought to have been discovered. the attsn-
ton Of the master just previous 70 the collision
being directed to the comfort Of . sick pes
sengcE
There In no exception to the rule requiring .
lookout In favor OF craft capable OF committing
injuries cd account Of siza. Vessels OF the class
Of the Harry Lynn Buss be held accountable
for injurious collisions resulting from neglect
to observe established rules OF navigation.
The damages will be divided and the cases
will b referred TO . commissioner 10 ascertain
and report the amount sustained by each vessel