Year: 1869

Collision in the East River-Action for
Damages.


Before Judge Benedict.


John W. Petty, ct al us. Henry B. AerTiu, ct 0l.-


Respondents the executors Of the will OF Elisha


8. Chapman, deceased. Lbellents are the owners OF


the schooner Mary Eveline. On the Goth OF Septem-


ber, 1soS as set forth In the libel this schooner was


beating down the East river, the wind being at the


time southwest and the tide ebb At about two O'Clock


In the afternoon, just after leaving Mker's island.


she took on her way TO New York the channel to the


east of Blackwell's island, having the Hawley, an


out her tack to the eastward and ran as near the


west shore OF Long Island as possible. The Hawley


being ahead went about on her westward tack and


toward's BlackWeps Island, and was just about TO


go on the eastward tack as the Mary Evene went


about. To avoid the Hawley became necessary for


to 60 to the eeWard and sa ssern Of 'aSn the


Hawey. This was done, ana just as the Eveline had


ne seea stern the hswe the SoP aS


to the east OF Backwell's Island. with her boom on


her port side, with both MAN and b sails set and


was making six or seven knots an hour. She was


about 100 yards OF the port bow Of the Evene,


which was now coming about and following the


sheets Moving. The Ethan Allen, as alleged, instead
OF on keeping eapp6g out OF the way, ran d under
striking hr caead 'e asanst the sere
the Eveline doing her severe injury. The action


was brought to recover $2 100 damages arising from
answer set was that the collision was the result oil
the carelessness and mismanayement Of the Eveline
and not OF the Ethan Allen. The version Of the acct
dent given by the defence Is as folews-On the day
In question the Ethan Allen was bound from New
Jersey to Connecticut with cargo Of clay and sand.
ABOUT TWO O'Clock she arrived at the southern
tremty OF Blackwells Island and attempted to pass
through East river on the east side Of the island
against strong ebb tide and the wind
In The south southwest blowing a full sail
breeze. 10 take advantage Of the eddy tide
she stood along Blac&well's Island only fifty to
seventy-ive feet distant. At halfpast two O'clock
having made about half the length OF the island, still
standing along very near the Shore with her boom
on her port side, and still In the eddy she met two
schooners beating up the river towards New York.
on the same side Of Blackwells Island, and at the
time standing across the river to the westward. The
foremost and Wndward OF the two schooners beat
out her tack, and went about just abreast the
Ethan Allan and at safe distance from her, but the
other schooner the Mary Evene, stood along to tn
eeward; and after the Hawley went about, was in
such position and direction as to prevent the
Ethan Allen lufing or avoiding her in any other
way The Eveline continued her course until ar
riving at point ahead of and or the starb0ard bow
Of the Ethan Allen when she put down her helm to
come about and while in the act OF lulng into the
wind ran into the Ethan Allen, striking her at the
,athead on her starboard bow, crushing In her
planking In such manner that she sank and be-
came total loss Case still at the rising of the
court.


F. A. Wilcox for libellants r. II. Huntley for re-
yp0ndentS.