Chadwick v. Atlas S. S. Co.
Chadwick v. Atlas S. S. Co.
Opinion of the Court
This is an action to recover damages for a collision which occurred on the high seas about 50 miles south of Barnugat, on the 18th of August, 1887, between the steam-ship Atlas and the schooner Lizzie Wilson. The decision of the case is, by the pleadings, made to turn upon the question whether the schooner changed her course, and threw herself under the bows of the steamer. The steam-ship at the time was bound down the coast, and the schooner up the coast. There was a fresh breeze, — the schooner sailing from eight to ten knots an hour, and the steam-ship about the same. The night was thick, but not so thick as to prevent vessels’ lights being seen at a considerable distance. The master of the steamer says a green light could be seen at tire distance of a mile. According to the testimony of the men from the schooner the steamer’s lights wore seen two miles away. I cannot find upon the evidence that there was any difficulty on the part of the steamer in seeing the schooner in time to avoid her. The steamer asserts that the schooner changed her course, and in support of her assertion produced witnesses from the steamer who testify that as the vessels approached each other the schooner displayed to the steamer first her green light, which was seen over the steamer’s starboard bow, — and the steamer’s wheel starboarded; that afterwards the schooner showed her red light, and the steamer’s wheel was at once ported, but too late to avoid the schooner, then crossing the steamer’s bows. From the schooner there is positive testimony that the steamer was seen on the schooner’s port bow; that the schooner held her course; that when the steamer was near the schooner she suddenly starboarded, and came across the schooner’s course, and so ran her down. At the argument it was conceded on both sides that it was impossible to reconcile the testimony given by the respective parties, and this is true in regard to some of the testimony. It seems to me, however, not wholly impossible to reconcile much of the testimony by supposing that the green light said to have been seen by the chief officer of the steamer was not a light of the Lizzie Wilson, but of some other vessel.
As already stated, the assertion that the schooner changed her course is sought to be proved by testimony from the steamer tending to show that the schooner as she approached displayed to the steamer first her green light, and afterwards her red light. If it be supposed that the green light -which the chief officer of the steamer says he saw off his starboard bow was not a lighi on the Lizzie Wilson, but the light of some other vessel at the same time bound up the coast, on a course to westward of the course of the Lizzie Wilson; that the attention of those on
Let a decree be entered in favor of the libelants, with a reference to ascertain the damages,
Reference
- Full Case Name
- The Atlas. The Lizzie Wilson. Chadwick v. Atlas S. S. Co.
- Status
- Published