Year: 1871




Joseph A. Marsh.


UNITED STATES CIRCUIT c0uaT-iA ADMIRALTY.


Collision Cases Appeals.


Before Judge Woodruff.


Thomas AWes ct al. Us. The British Steam ea
Queen.-Tne libel IN this case was filed against the
steamer 10 recover damages fer the sinking OF the
schooner Annie Magee, which was run into by the
steamer at the entrance to the harbor OF New York.
AT the time Of the collision the libellants were
owners Of the schooner. The Judgment OF the court
below was In favor OF the libellants. with costs.
Judge woodruff has written q long decision In this
case He reverses the decision OF the court below,
and dismisses the libel, with costs. He holds that
the collision was caused by the schooner; that she
as applicable to to- sailing ling vessels and steamers steamers;
that, instead Of holding on her course,
as she was bound md to- to do' she changed 4.
was bound TO change her course when she met the
schooner The proof here is that so soon as the
ported to avoid her. and that when within shert
distance the schooner starboarded and crossed the
from from I the @ steamer when she thus starboarded is
variously estimated by the Witnesses; but fair view
Of the whole evidence would make 1t not over 500
feet, and the Judge thinks rather lessthat is little
over twice the length OF the steamer and the engine OF
the steamer was then instantly stopped and backed,
to tile east as ar as possible The CLAIM is that the
steamer should have starboarded. The vessels were
approaching each other at combined rate Of speed
OF from thirteen to fifteen miles ali hour, mile
in about four minutes and 800 feet In little half
. minute. Looking back and seeing precisely what
took place, 1t may seem II the steamer had star
boarded she might have cleared the schooner; but
that s not the standpoint from which the view Is to
be taken. the schooner was approaching the course
@prsciicable; th1 scAosnsr was little 1ss't over {w}
which to effect change little over half minute
They then thought and still think throwing the helm
hard hare apor&t & and stopping and reversing the only al
or diminish the force Of the blow In thls condition
oil peril the Judge thinks their judgment should be
accepted, and that, In fact, they acted prudenty.
The Conclusion is Inevitable The collision was The
fault Of the schooner and the libel of her owner must
, Proctors for ibellants owen. Nash & Gray; ad
vocate, Il. H. Owen. Proctor for claimant John
Chetwood; advocate, Charles Donohoe.


Estaban Ananguat Us. The Steamer HuatsrMe.- -
This another collision In the court below
there was decree for the llbellant for $3O 900 for
damage done TO his sailing vessel by the steamer.
The case was taken up on appeal TO the Circuit
Court, before Judge woodruff. He reverses the de.
cree Of the court below and orders a decree OF ap-
portonment He states that it is impossible to ex-
onerate the steamer from responsibility TOR the col.
lison with the ship 1t was the duty OF the steamer
IH ON the
ing that vessel which operated to msead the steamer
or defeat her efforts to keep out OF the way the





fault on her part there being no pretence OF nevi
table accident, Is conclusive. In any view OF the
skill and good seamanship, and although she was at
liberty to choose her own mode Of avoiding the shlp
always at her own peril she erred It is pertinent
proper prudence and care. According to the testt.
mony OF both the mate and the lookout on the
minutes before any change was mado IN the course
q the steamer. The mate correctly inferred that
1t was on an approaching vessel. Whether
vvQa
decisive that If the light was properly
set the vessel seen was crossing the track Of the
head on toward the steamers port bew. 1t was,
therefore, at that moment uncertain whether any
or proper It was certain that II the vessel was
heading toward the port bow, or nearly toward the
port port bow & Of the steamer there could be no col.
steamer at her then speed must pass out Of reach
OF the ship before the latter could reach her course
il the green light continued to BEL be in " view ' over over
only mode Of avoiding her was to star:
the ship II In the then apparent course OF the ship,
m maae ass sny ssse Ea As ps dG' DIV Il s ss
or the ship That this is 80 Is fully confirmed by the
testimony OF the mate himself and by the act OF the
testimony IS tnat he continued his course until he
saw the red light and then ported. II hts testimony
above suggested-viz., the green light alone pelng
%s.s e. nss, saaas @ s.. sRsss s
The mate that he has given correct snp
account OF VIVA. occurred, is not without fault He
naa seen ap. was watching the ships green light
anu eS not judged any course necessary until the
green light, as he says, disappeared and the red
the wheelhouse gave the order TO port the helm,
went to the captains room and called him and re.
turned TO his post. All this occupied but few
n q IN a rpf N or
light was in view and the captain, who was there
almost the same moment, just saw the green light,
and 1t was then too late to make any change to
avoid the collision. II Is impossible TO avoid the
conclusion that in each Of the possible alternative
views OF his conduct he was to blame. He
had either held his course with the speed or
nine or ten miles an hour unabated until the green
light was near, or II there remained reasonable
interval within which he could have starpoarded
hts helm on the return OF the green light to his view
he spent that interval In running for the captain to
disclose to him hts obvious alarm and apprehension
. q red light, the very appearance OF which created
alarm, and which, though Il indicated that porting
was the proper movement, continued so snort time
In view that II he had remained at his post ne must
have seen that stopping and reversing were lupera-
lively demanded.


The sixteenth Of the rules OF navigation enacted
by Congress is imperative that steamship when
approaching another ship so as to involve RISK OF
c0llsi0n should slacken her speed and II necessary,
stop and reverse. This does not mean that she may
waltunti the danger Is imminent before she sackens
ner speed, nor does II mean that sne need not
slacken her speed II the risk OF collision ls caused
by some fault In the approaching vessel. When
FISK OF collision appears it Is the absolute duty OF
the steamer to slacken her speed and not TO trust
exclusively to speculation or hope OF avoiding 1t by
other means.


On the other hand, the Judge cannot acquit the
snip OF fault and states that he cannot escape the
conclusion, from the testimony that the two lights