Year: 1871

of the other, ana when. In fact. each vessel was
seen of such distance from the other would fur.
nIsh ample opportunity for any emergency" the
steamers Ella Marley, outward, and the North Star,
inward bound, collided Off the Jersey coast, near
Long Branch with the total loss OF the former ves
sci and cargo. or course the North Star did not
come OFF scatheles and when the owners of the Ella
Warley llbelled the North Star the owners of the
latter vessel, cornelius Vanderbilt and Others in a
cross lbel claimed heavy damages from the owners
OF the Ella warey, William II. Reynolds and others.
1t is now seven years since the collision, but
the held its place on the docket OF the District
Court from to term till finally adudcated upon
by Judge Blatchford about year ago. the decision
OF the Court, after protracted trial and most
haustve process OF elicing all the testimony that
was possible by opposing counsel to get from the
few witnesses who could throw any light upon the
question at issue-which vessel was culpabie for the
collision--was that both vessels were equally negli-
gent and equally cuipable. or course this decision
pleased peither side and the consequence was an
appeal to The Circuit Court In Admiralty, Judge
Woodruff presiding. After going over the whole
ground second time counsel rested the case and
yesterday Judge Woodruff rendered his decision
sustaining the decision OF the court below, leaving
the libeants in this suit the same position
they were at the start and certainly as cross as two
lltigants who neither Won nor lost could be.


CASE.


William H. REYNOLDS ct al; vs.: The Steamship
North Star and Cornelius Vanderbilt VS.. William IL.
Reynolds and others (cross libesl


DECISION.


Judge woodraT deci1ng said-The libellants in
the frst named cause are the OF the steam
snip Ella Marley, and the llDeants IN the second
cause the owners OF the steamship The North STAR
Each seeks to recover damages caused by collision
between lne two steamships on the evening OF
February 3, 1868: This cohslon occurred AT sea OF
below Long Branch. some four miles from
shore. The Ella Warey was on voyage
from New York to New orleans, and The North Star
on her voyage from Key West to New York. There
is an irreconcleabe conflict between the Witnesses
as TO The lacts in the case, and counsel either
side present strong cases in favor OF either client.
IN such case The witnesses, who are concerned In
tie management OF the respective vessels, con-
scleus that the serious consequences which ensued
must be imputed TO the 1ault OF some OF them anu
feeling the heavy responsibility under which
they acted, have very strong motive to rep
resent their conduct most favoraby TO Them
selves, and In some particulars tuat feeling
has led to untruth or has made the memory in
accurate. To whom, in particular. this is. In my
judgment, applicable | shall leave to be inferred
from INV conclusions. The general rule Of nayiea-
Jion is, that when two ST aners are meeting each
other on courses directly opposite each other, or on
courses SO nearly opposite as to involve danger OF
collision, IL is the duty OF each To port the helm and
pass on the port side OF each other. The general
course OF the vessels IN question would suggest that
they were n Getting within the proper construction
OF that rule. AS the Ella Warley, after she saw the
North Star. starboarded her helm and attempted TO
pass the starboard side OF the North STAR the effort
on her behalf Is to show that her position and her
observations upon the post and course or latter
IL
CATION OF this rdie and Justify what she did. Ihe
testimony shows thai the North Star. at O'Clock
or six miles from the shore. From that hat
place her course was taken ''nOrth by east
hall east, ana tnat course was maintained until she
saw the ignt OF the Ella Warley. the intent being
10 steer on direct course Tor the Iighishlp, about
seven mics OF Sandy Hook. The Ella Warley LETT
port IN charge OF Sandy Hook pilot iii the alter
noon and proceeded down the bay. The plot, on
leaving Instructed the master to keep her on a
southeast course for quarter or half an hour and
that would carry her near the ligntship outside OF
all vessels bound In. ana then he could shape his
course as he pleased. Gas the master states the
instructiolsl '.keep her southeast and it viii clear
you OF every thingo The testimony that the Ella
Warley did proceed on a southeast course To ana
little beyond the lghtshp, and at eight O'Clock took
her course south hall west and afterwards changed
to south, shortly after which the North Star was
reported. Ii these courses be assumed it Is true
that the two vessels were not approaching each
other on precisely the same line, but two lines
which converged to point at or near The lIghtship,
and varying only one point from each other. Was
there any other indication OF The position ana
course OF these vessels and, If so. what manuvre
on the part OF either or both did it teacnY The ma
no.nsre actually made by each resulted in the col
saw the Ella Warley ported conforming In that
respect to the rulel went more 10 ;ne east
ward; the Ella Warey departing from the rule,
when she saw the North star. went also TO the
eastward, and the collision followed II at the
ment of observation the Ella Warley not TO the
eastward OF the course OF the North Star.
and was to the eastward Of a line drawn from the
latter In the direction which corresponds with the
Ella Warley's course reversed. then the North tar
must be seen over the starboard bow OF the Ella
Warey and the Ella Wariey must be seen over the
port bow OF the North Scar. To my mind the weight
OF the evidence Is preponderating that this was rne
actual relative position and or the two yes
seis when each was seen bv the other which was at
or very nearly the same time. Ii makes the Wit
neses on Dotn sides not only harmonize but corro.
borate each other But the mlsmanagement on
10 the violation OF the rule referred TO.
When the danger OF collision became imminent her
officer knew IL. or he was so careless in his observa-


lions rs not TO see wnat became obvious HIS failure
TO see the red or White gnt OF the North star
tenances the last alternative He his vessel at
full speed to the destruction which was impending.
He should have slowed his engine stopped and
did not relieve him of that duty On the other hand,
the North Star ported and ran TO starboard IN
obedience to the rule, and when the danger became
imminent slowed stopped aud backed, az was her
duty do. My conviction OF the fault of the Ella
Marley Is very decided.


My conclusions nereuDon are:-The vessels were
approaching each other on a line Or lines so nearl
coucident tnat the rule reQulring each to port the
helm aud pass TO the right. ii change was made,
operated upon them. Before the Ella Warley mad
made the proper observations upon the lights Of tne
North Star and yet acting npon the idea thai there
was danger of collision II she helu her course, sne
s,arboarded, IN violation OF the rule. The North
Star ported at the proper hme and was justified IN
dong so. The Ella Warey was In fault In not see
ing the lights on the North Starred and
which would have enabled her to correct her
arst ,.a1, error. !, The Ena Warley was grossly
backing when the collision was imminent
aud so ayerting or diminishing the injury. The
Norm star q Il what was proper III thus respect
and all Inat was her duty to do The North Star
was IN gross faat In not having her lights properly
screened. This kept her green hight IN view when
II ought not 10 have been visible: II contributed to
msleaI the Ella Warey-tended TO confirm her in
her error and prevent The discovery by her that she
was wrong II the Ella Warev had not starb0arded
III violation of the rule, the collision would not have
occurred II the lights OF the North star had been
properly screened the error OF the Ella Warley would
have been discovered. and the accident would not
have happened. Under the influence OF mutual
iaut loss has been suffered, which, under the law
governing courts OF admiralty, must be shared by
both parties. Let decree TO this effect be entered


Other COllisiOn ID DECISIONS.