The Beatrice Bush
The Beatrice Bush
Opinion of the Court
We cannot concur in the conclusion that the Bush was under way at the time of the collision, or at least that she had begun to turn to starboard, as Sullivan, the captain of the No. 14, says. It is true that his own deckhand in some measure supports him; but he is willing to go no further than to say: “She seemed to be starting out, coming ahead, swinging towards us.”
Concluding, as we do, therefore, that the Bush was substantially stationary in the water, there is no ground for holding her at fault. The fault of the No. 14 is amply proved, and we concur with the District Judge in his finding as to her.
Decree reversed, and libel dismissed, with costs of both courts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.