The Heroine
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district-of New York.] This was a libel in rein, filed in the district court, by the owners of the brig Almore against the barque Heroine, to recover for the damages caused to the brig, by a collision which took place on the morning of the 21st of November, 1865, about 3% o’clock a. m., some sixty or eighty miles southerly from Montauk Point, between the barque and the brig.
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[Appeal from the district court of the United States for the Southern district-of New York.] This was a libel in rein, filed in the district court, by the owners of the brig Almore against the barque Heroine, to recover for the damages caused to the brig, by a collision which took place on the morning of the 21st of November, 1865, about 3% o’clock a. m., some sixty or eighty miles southerly from Montauk Point, between the barque and the brig. The brig was bound on a voyage from Turk's Island to Boston, with a cargo of salt. The barque, with a light cargo -of hemp, and other goods, was going…
1Opinion of the Court
NELSON, Circuit Justice.
It is not to be denied, that the brig was on the privileged course, and that it was the duty of the barque to give way, and pass her in safety. This point is not contested. The ground of de-fence set up, and, earnestly and ably discussed, is,.that, in consequence of the character of the weather, it was impossible for the barque to discover the lights of the brig, after the greatest diligence, and with a competent lookout, in time to make the proper movement to avoid her, and that the collision was the result of inevitable accident. There is much evidence, in the…
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