4 Cal. 5 | Cal. | 1852
delivered the opinion of the- Court.
This was an action brought by Innis, the owner of the ship Rhode Island, for damages arising from a collision by the steamer Senator.
The charge of the Court below is substautially correct, and the only error which we discover, is the refusal of the Court to admit certain testimony, tending to show how far the Rhode Island could have been seen at the time of the collision. After the witness had testified concerning the position of the vessels and the character of the.night, he was asked whether, “allowing the Rhode Island occupied the position marked upon the diagram presented, and that the night was merely a starlight night (without a moon) overhead, but hazy along the water, if the Rhode Island would be visible from a vessel, from any considerable distance, approaching the land, and, if so, to state the distance at which she would be visible.” This question, together with several others of a similar character, was overruled by the Court, upon the ground, that it was hypothetical and
The judgment of the Court below is reversed, and a new trial ordered.