Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit Volume 1 (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. 1852 Excerpt: ...from that presented below. The facts sufficiently appear from the opinion of the Court. Erastus C. Benedict, for the libellante. Edwa/rd Sandford, for the claimants. Nelson, J. The proofs in the Court below and those on appeal leave no doubt whatever--first, that the propeller had but one light on board at and for some time before the happening of the collision; and secondly, that in a night as dark as the night of the collision, the weather being thick and cloudy, a vessel carrying but one light, .although moving, appears to persons on board an approaching vessel as if she were remaining fast at anchor, and that it is very difficult, if not The Santa Glaus. impossible, for the latter to determine the course of the former, until near enough to discern the situation of her hull. Two steamboats that met the propeller the same night below where the collision occurred came near running afoul of her on account of the above embarrassments, and only avoided the disaster by a tank sheer on discovering that she was in motion. They happened to be in a position where they had room enough to escape by this manoeuvre. This seems to have been the impression of the Court below on the proofs, but the fault was supposed to be countervailed and overcome by the answer, which was considered as admitting that the position and course of the propeller were seen by the steamboat in season to have avoided her. That ground is now removed by an amendment of the answer, and the decision must depend on the effect of the evidence. This is full and undeniable, both upon the point that the propeller had but one light, and also in respect to the effect of that upon a vessel approaching. Under these circumstances it is impossible to hold that the steamboat was wholly in fault. Even admitting..