Cases Argued and Determined in the Circuit and District Courts of the United States, for the Seventh Judicial Circuit (Volume 2) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873. Excerpt: ..., The Gray Eagle. THE GRAY EAGLE. Cibcuit Court.--Eastern District Of Wisconsin.--Septemrer, 1868. In Admiralty. X. Vessel Having Lost Her Signal Lights--In a storm, and proceeding on her way with the prohibited white light, is not necessarily to be charged with all the damages in case of collision. 2. Duty Of Other Vessels.--The fact that she carried a light prohibited to vessels while sailing does not of itself absolve other vessels from the observance of that degree of caution, care and; nautical skill which the exigencies of the case require. 3. Though a white light usually represents a vessel at anchor, the officers of an approaching vessel have no right to conclude that it always does. 4. Host Watch Lights.--It was their daty, from the moment the light was seen, to watch it carefully in order to ascertain from its bearings whether the vessel was in motion; and if, in the exercise of ordinary nautical skill and care, this could have been done, and was omitted, and this omission contributed to the accident, then their vessel must share the loss, although the other vessel was in fault in running with a prohibited light. 5. A vessel is not under all circumstances required to come to anchor at night when, through misfortune she has lost her signal lights. In running, she is so far protected that every other vessel must be navigated with reasonable care, skill and caution. This was an appeal from a decree of the District Court dismissing a libel filed by John Greening and Charles N. Deott, as owners of the schooner Perseverance, against the schooner Gray Eagle, for damages caused by a collision. The facts are stated in the opinion. Wm. P. Zynde, for libellants. Emmons and Van Dyke for respondents, as to absence of lights cited Waring et al vs. Clarke, 5 Ho...