Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1908-08-12
,11swoRrH SCHOONER LOSES.


oners OF LejOk Must Stand Loss
for Damage In Collision.
recent decision OF the U. 8. district
..,rt throws the expense Of damage sus-
.s;red by the Ellsworth schooner Lejok in
ssr collision with the five-inaster Gov.
.,nes off Fire Island, N. Y, on March q,
zoos on the owners Of the Lejok. The
...sse, ia owned quite largely in Ellsworth,
md is commanded by Capt. Charles L.
Smith, OF Ellsworth.
Judge Dodge discusses the evidence at
some length in his opinion recently filed.
1he case involved the interpretations Of
The following paragraphs &c and OF ar
ticle ~ in the Sailing Rules:
r when both are running free with the
wind on different sides, the vessel which has
.he wind on the port side shall keep out of
The way of the other.
8 vessel which has the wind aft shall
keep out of the way of the other vessel
The collision occurred at about 2 a. M,
March y, 1905, about twenty-three miles
9 9. w. from Fire Island. The Lejok
was loaded with lumber and on voyage
from brunswick, Ca, to New York, while
the Ames was coal laden from Newport
News to Boston.
The Ames had the wind on her starboard
ouarter within three points from directly
aft. and was running under all sail at
speed of ten knots or more. The Lejok
was heading about n. W. and had the
wind at most two points abaft the beam,
and was proceeding under double reef
spanker, single reef mainsail, double reef
foresail, forestaysaii and jib, making about
five knots speed.
Each vessel claims the other was at fault
for not holding her course. Upon the part
of the Gov. Ames 1t was contended that
as she had the wind within three points
OF being directly aft, she was vessel with
the wind aft, under paragraph and it
therefore was her duty to keep out of the
way OF the other vessel, and she season.
ably adopted measures to do so.
On the part OF the Lejok it was claimed
that the vessels came under paragraph C
Is both were running free, with the wind
on different sides; and as the Lejok had
the wind on the port side, it was her duty
to keep out Of the way of the Ames, and
that she seasonably adopted measures to
do so, and would have been successful had
the Gov. Ames held her course. It was
also commended that vessel has the wind
aft within the meaning Of paragraph e,
only when she has it directly parallel with
her course, SC as to be sailing 'wingout"
or swing and wing.
Judge Dodge sustains the contention
upon the part Of the Ames, and holds that
as the latter was vessel having the wind
at an angle Of less than forty five degrees
with her keel, she was the giving way yes
sci. He says in his opinion:
am on the whole of opinion, both upon the
authorities and as matter of reasonable and
practical Interpretation. that vessel sailing
as the Ames was sailing has the wind Aft
within the meaning Of the article in question.
The manifest purpose Of its provisions Is, to
put the burden OF maneuvering upon the
vessel having the greater capacity to ma
neuyer without disadvaI tage to herself,
IN all cases where one has marked superior
ity in that respect over the other. A vessel
with the wind on her quarter unques.ionably
has has such superiority over vessel with the
|, therefore, hold that the Ames was not in
hnitfor naneuveringto avoid the Lejok. that
on the contrary she was bound to do so, and
that the Lejok was bound to hold her course.
II being disputed that the Lejok changed her
course, the burden Is upon her to excuse her
failure to hold it, or to show that the change
did not contribute to the collision.
The damages sustained by the Lejok
were about $1,000 while the damages
sustained by the Ames were about $500.
The court ordered the libel on behalf OF
the Lejok dismissed, while an interlocu-
tory decree was ordered on the libel in be-
half Of the Ames.