The Delaware v. The Osprey
U.S. Circuit Court for the District of Eastern Pennsylvania
The steamer Osprey was on her way to sea, out of Delaware hay, with three signal lanterns in place, heading for the lights of Cape Henlopen, on the west. The barque Delaware, without any lights, came into the capes with the wind free to pass up the bay, and the tide against her.
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The steamer Osprey was on her way to sea, out of Delaware hay, with three signal lanterns in place, heading for the lights of Cape Henlopen, on the west. The barque Delaware, without any lights, came into the capes with the wind free to pass up the bay, and the tide against her. When at some distance from the steamer, the sails of the barque shut out the Cape Henlopen lights from the pilot of the steamer, and from this fact the pilot inferred a sailing vessel was between him and them, and of course, that the sailing vessel was heading to starboard of the steamer. But the barque having no…
1Opinion of the Court
GRIER, Circuit Justice.
Taking all the other circumstances of this case together, and omitting the fact of almost total darkness, and that the barque could see the steamboat while me steamboat could not see the barque, the steamboat would have clearly been held liable for the damages of the collision. It is true there is no law requiring vessels navigating the high seas after night to carry signal lights, and it is much to be regretted that it is not so. But the barque had the wind free, and the tide against her, and she had power, therefore, to give the steamer a wide berth, and to obviate…
2Cited by1 opinion
- Lewis v. City of SavannahDistrict Court, S.D. New York · 1890