Year: 1869

Gross Libeis-Action 10 Recover Amount Duo


On Freight-Action 20 Recover Damages foI


Injury TO Freight.


Before Judge Benedict.


coles Carpenter Us. Henry cor; Henry Cor us IN,
Szoop El,nna Snepdrd.-BENEDIcT. J-These two
actions were tried together The first Ii an action
IN personam by the owner OF the sloop Elmira Shep
ara against the owner OF certain property conveyed
An that vessel as freight to recover the sum OF fifty
one dollars alleged to be the freight due for such
conveyance OF the property The second action is by
the owner OF the property against the sloop to re-
cover sls2 alleged 10 be damage caused to such
negligence Of the person in charge thereof | dave
examined the evidence submitted in the two causes,
and OF the opinion that upon the proofs the ves-
se must be held liable for the damage sustained by
the merchandise. There must, accordingly. be o
decree 10 the second case In favor OF the nbelant
with an order OF reference 10 ascertain and report
the amount OF damage TO the property in question.
The vessel being thus held responsible for the full
oi ne injury nc, 70 oSe or ths
Tn accordance with the rule laid down In the case
OF the Water Witch BLACK 4sll In the first case
there will then be decree for the sum OF hfty-one
dollars freight and interest and cost.


Cross Libels-Thc Hudson vs.. The Midnight


The Midnight The Hudson-Libel in the


Latter Case Dismissed-In the Former Sus-


tanned


Henry Hastings vs. The Ship Hudson WiufaDa d.
Morgan ps. The Ship Atdni0nt.-The following de-
olslon in this case was promulgated yesterday


BENEDICT, J.-These are cross actions brought to
and the ship Midnight by q collision which occurred
between those vessels in this harbor on the 18th day
of March, 1867. The Hudson was at anchor In the
middle Of the channel between Robbins Reef and
Bedloe's Island, about abreast OF Oyster Island
shoal heading north-northeast, the tide being ebb
and the wind fresh from west-southwest.
The Midnight was also at anchor above the
Hudson, and about two miles from her.
Both vessels intending to 90 to sea- had tugs hold
n them. According tho weight of the evidence
the Hudson had not begun to move ut The time OF
the collision, but was just getting up her anchor,
with the tug ahead ready to start her when the
anchor should break ground. The Midnight, on the
other hand, was under way, having up her anchor,
Them The management % Of the Midnight was, no however,
such that she put the tug under her port bow In
such position that 1t became evident that the tug
could not get ahead OF the ship in time to tow her
ahead of the Hudson, whereupon the attempt was
made TO cross the bows OF the Hudson. But
the effort failed, and the Midnight, while on a
swing, with the tug still hauling her to port, came
down heavily upon and across the bows OF the Hud-
son. thereby causing serious injury to both vessels.
These facts, which can hardly be disputed upon the
evidence, make out clear case Of negligence the
part OF the Midnight, which must render her liable
Hudson was in plain sight OF the Mldnight and
some two miles below her. There was
abundant room Tor the Midnight to pass on
either SIDE. No other vessels came In the way to
embarrass the movements OF the Midnight, nor did
any action OF the Hudson interfere with or mislead
her. Under such circumstances she could get aloul
of the Hudson only through nattenton 10 ner posi-
ton or gross mlscalculation. Proper attention 10
the position Of the Hudson would, beyond all ques-
tfon, have enabled the midnight with proper man
agement, 70 have 30 tar got under way as to have
gone down to westward or the Hudson In safety
Whether then, the cause OF the collision arose from
failure TO see the Hudson until after the Midnight
had begun TO move down, Of which there is
some evidence, or whether It arose from
turning sof short to bring the tug under
her bows, when she could do nothing towards
keeping the ship In q proper position to go down TO
the west and clear OF the Hudson, the Midnight Is
equally at fault The libel against the Hudson must
therefore be dismissed COSTS and in the action
brought by the owners OF the Hudson let decree
be entered in their favor with order of reference
to ascertain the amount OF their damages.