Whitney v. The Empire State

BY THE COURT.

This action is brought by the owners of the schooner Gold Fish, to recover damages caused by the sinking of that vessel in a collision with the steamboat Empire State, which occurred at Hell Gate, in March, 1864.

The proofs presented by the respective parties, while they are conflicting as to some of the main features of the case, establish without serious conflict the following facts. The schooner was bound to New York, and reached Hell Gate about 4:30 o’clock, p. m., the wind blowing then a six-knot breeze from about W. N. W. and the tide running the strength of the ebb. The…