The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-06-19
BOTH VESSELS IN FAULT.


periey and Flyer TO snare manages
Caused by Collision.
In the case of the libel of Thomas Red
ding, owner Of the steamer Mary r. Perley.
against the steamer Flyer for damages
caused by collision near Alki point in
October, ls92. Judge Hanford yesterday
found that both vessels were at fault and
gave the libelant decree for half the
damages. The decision Is as follows:
The collision complained of In this
case occurred on q foggy morning in Oc-
tober, 1902. about one mile and half
soush of Battery point locally known as
AIki pointl The Mary +. Perley was at
ihs time on her regular run from Tacoma
VA yashion's island TO Seattle, and should
kus been at the time on direct course
tsn Beal's point to Battery point. The
Tsg was making her regular run from
Ss:te TO Tacoma and had rounded Bat
Nypoint and taken her course from that
pat towards Point Pulley. On these
fsenes the vessels should have passed
sth other starboard to starboard. rs their
racks do not cross each other. The
master of each vessel knew the
soase and schedule time of the other.
snd each should have known that in
case Of meeting south of Battery point
thsy should pass starboard to starboard.
The master Of the Flyer so understood and
acted. But the libelant, who was In COM
mand of the Mary +. Perley, af-er hearing
the Flyers whistle enormously assumed
that the vessels were coming together on
opposite courses, and thereupon gave the
sgnal 70 pass TO port and set his helm
hard aport, thereby swinging his vessel TO
position across the bow of the Flyer.
This. in NV opinion. was an inexcusable
mistake and n contributing cause 30 the
collision. The Flyer pursued her proper
course and gave the proper signals for
passing. but on account of the density of
The fog the exact position and course of
one could not be known TO the officers of
the other vessel In time TO pass safely rum
ming at full speed. Ii was the duty of the
Flyer, therefore, to proceed cautiously
.iier hearing the whistle OF the
Mary +. Perley and stop inn
mediateiy after her failure TO
make the proper response 10 the Flyers
sgnaL The Flyers master testified that,
within one minute and half after giving
Ms nrst signal, her engines were stopfssd
and reversed, and in this he is corrobo-
iased by the testimony of other officer of
NE Flyer. But upon decided preponder-
shee OF she evidence, l find the facts to b.,
that from the time OF leaving Seattle until
,he vessels came in sight of each other the
Flyer was running at her full speed of
esehseen to twenty miles per hour. Her
eagine room bell was rung TO stop and re-
verse, as quickly as il could be after the
Assi sios bell. Passengers who knew
isem the bells that something unusual was
scout TO happen. had scarcely time 20
move irom their seats in time TO see the
ssesaieFs come together. The Flyers stem
s4aeA the timbers supporting the
sisrh wheel Of the Mary +. Perley
Nitn such great momentum as TO cut away
shnFesy the wheel and said supporting
eMoers and tear cut her eccentrics and
me q her p.stons. At the time of strik-
lag vac Flyers speed had not been per
sspaely checked. The duty OF steam YES
We % stop. when there is known danger
y oo1iiaing IN Jog is imperative. aud II
s1s RUE on this subject had been observed
" ne msster Of the Flyer this collision
'@sa have boen avoided. / find. there
~, that there wss fault on the part Of
"a vessels contributing 70 produce the
~ssy 10 the iiAclant's vessel
ne case will proceed Ia the usual way
ascertain the amount OF damages, and
- ascertaincl. onc-half the amount
10 vii be dccreed ia favor OF the
- Tie costs wil be divided