Legal Opinion

McWilliams v. The Vim

District Court, S.D. New York

Decided June 20, 1882PublishedCited by 1 opinion

Collision. On March 5, 1880, as the barge George M. Wright, loaded with coal, was proceeding eastward at the entrance of Long Island sound, between Hart’s island and Sand’s point, at about half-past 4- in the morning, in tow of the steam-tug Vim, and lashed upon her port side, she was run into by the schooner Spartel, and so injured that she was shortly after beached. These libels were filed by the owners of the barge and of the Spartel to recover their respective damages.

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Collision. On March 5, 1880, as the barge George M. Wright, loaded with coal, was proceeding eastward at the entrance of Long Island sound, between Hart’s island and Sand’s point, at about half-past 4- in the morning, in tow of the steam-tug Vim, and lashed upon her port side, she was run into by the schooner Spartel, and so injured that she was shortly after beached. These libels were filed by the owners of the barge and of the Spartel to recover their respective damages. The barge being without fault, the controversy was between the Vim and the Spartel as to which of them was responsible…

1Opinion of the Court

Brown, D. J.

The weight of testimony is that the Spartel made no change in her course except the usual change in the vicinity of Sand’s point from W. S. W. to S. W. ⅛ S. This must be deemaÉl therefore, to have been the change observed by those on bba Vim, though it must have taken place when the vessels were further apart than the estimate given by the Vim’s witnesses! Spartel, while upon her course of W. S. W. before reaching I point, would show her red light only to the Vim, which was southward, upon a course which must have been very nearly *908by ⅜ ST., the channel course. After the change of…

2Cases cited8 opinions

  1. The ScotiaSupreme Court of the United States · 1872
  2. The CarrollSupreme Court of the United States · 1869
  3. St. John v. PaineSupreme Court of the United States · 1851
  4. The Steamer Oregon v. RoccaSupreme Court of the United States · 1856
  5. The Northern IndianaDistrict Court, N.D. New York · 1853

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Brigham v. LuckenbachDistrict Court, D. Maine · 1905

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