30 F. Cas. 970 | U.S. Circuit Court for the District of Southern New York | 1879
The principal defense relied on by the claimant is that a sloop beating down the river, and running out her starboard tack toward New York, while attempting to come about on her port tack, missed stays, “and suddenly and unex
Such is the testimony and all of it relating to the sloop. I am satisfied, from the evidence, that the collision must have occurred not much less than six hundred feet out in the river from the ends of the piers. The Delaware had not then got straightened down the river after changing her course, and, as she hit the scow on the starboard side-with her port guard, it is evident that when she changed her course she was even further out. She was going ahead all the time, and was not finally stopped until the collision. Taking everything into consideration, I am entirely satisfied that the collision was caused, not by the sloop’s “missing stays,” but by her not attempting to go in stays and put herself on her port tack as soon as the pilot of the Delaware expected she would. Seeing the schooner go about and pass under Ms stem, he seems to have taken it for granted that the sloop would do the same thing, and kept on until it was too late to correct his
The libelants are entitled to a decree fixing the liability of the Delaware, and directing a reference to ascertain the amount of damages. An entry may be prepared to this effect.