Year: 1862




JAN. 10.-Jds. B. Henry Us. The Steamer Pdrheysows-
shipman, J-This suit is instituted by the lbe
liant, Of the schooner John R. Price, Of Delaware
City, TO damages for collision which teok place
between her and the steamer Parkersburg she
inc Of the 10th Of April 1852 The collision occurred not
Tar from O'Clock NJ few miles to the southwark Of
Barnegat, the New Jersey coast. The schooner
bound for New York, aud at the time Of the collision had
her sails set, though it nearly calm She max
ing little no headway her wheel being hard astar
board and in beckets notwithstanding which she failed
come up into the wind but fell off little Just before
she was struck, and heading at THAI time NE by 2.
The steamer was bound down the coast to
Baltimore and was proceeding at her usual
Of speed Her lights were discovered by those
board the schooner several miles OFT One Witness pen-
the mate in charge Of the schooners watch, fixes
the distance at which they first at nine or ten
mics The struck the schooner her arboard
sie aft of the fore rigging cutting into her deep TO
tear up the combngs OF her fore hatch The schooner
filed and capsized She loaded with corn meal
What damage done to the steamer does not appear
That the steamer in fault there be doubt.
Whether her condct is scruni2ed in the light OF plain
and prudence in that of the decided she
clearly TO blame. In the first place she had such
lookout the law, settled by the highest tribunals,
requires. The man De Saat. who was called lookout,
had other duties to perform; and, as If to dem N
strato tho folly df having the attention Of a look
out divided by other duties, ho was aft to heave
the lead the very moment this collision took place. DC
Saut with his other dutes was such lookout the
law requires aud if he had been, il woul
mot excuse the steamer in this action for at the time OF
this collision hew absent from his post Of duty. The
steamer was, therefore, in fault But what Is the status
Of tho schooner before tho court She lying nearly
STILL with her head in the general drccti Of tkc sea
or latter approaching her Spencer the mate Of
the schooner, whose watch II was. the steamers


lights aeng distance or and continued TO watch her ap-
called 20 the possibility OF collision is evident, both
from his deposition and that of the cooredman john
SON. who at the schooners wheel. The night was
certainly not light, although perhaps not very
dark IL dark that the mate of the schooner
says that he did not see tho steamers h until
in txrOh Trad al IN,
ing toward her a. she approached. lighted lantern
hanging in the cabin Tho schooner iay becalmed
and nearly mooness, utterly without gower to effect
change her position in the slightest degree
The steamers lights approaching for miles
perhaps directly to tho schooner but certainly
in line that must pass very near hsr During all this
time the sch oners watch all IDLE. Spencer, the
mate walked the main deck and although the danger Of
collision the subject Of conversation between him
and Johnson nothing whatever done to avert IT, II
the lantern had been brought deck the disaster
have been avcrted There was no excuse for not taking
natural and easy precautsO. Now, think tho
omission TO show light under the circumstances, negli
gence equally cupabc the omission to have look
out duty board the steamer Both calculated
produce the accident. Either adspay Of the light
Of tho steamer, might have prevented it. Both tho
light and the lookout would undoubtedly have
tive uniform rule requiring sailing vessels carry lights
but equally true is that there uniform rule which
excmpts them from showing lights at all mea. When ly
ing at anchor ina track rcouesed by other vessels, il
is clearly their duty TO show light. This schooner
nearly as motoness as II anchor and was lying il
| the path frequented by both sailing vessels ane
| steamers.


The Supreme Court In tho cnee Of the New York ano
Virginia Steamship Company, VS.. Calderwood Q9 How
Nl), says-"The ruling prncple OF the Court IL, thai
obligation rests ali vessels found in the avenues
commerce to employ active diligence avoid collisions
IL certainly very far from active diligence 10 quietly
pace the deck Of vessel lying notionlcss on rather
dark night in the trackof approaching
and neglect TO show light which hung in the roach
of the mate charge Of the watch Az both parties in
this were In fault In particulars whose natural ten
dency 10 produce, and 10th OF which probably
did contribute to- the collision, both eufer The
loss must therefore be apporfioned.


Let decree be entered accordingly with order Of
reference.