Wierk v. The Mary Adelaide Randall

TOWNSEND, District Judge.

These are cross libels for damages caused by a collision. There is no disputed question of law. There is the usual conflict of testimony as to the material questions of fact It is agreed that the collision occurred in the lower bay of New York, in the main channel, between Swinbum island and the bell buoy at the head of the swash channel; that the four-masted schooner Bandall struck the fishing steamer Havana; that the time of the collision was December 21, 1891, about half past B In the afternoon; that the day was clear; that the wind was blowing about 40 miles an…