The Summit

CURTIS, Circuit Justice.

This case has been held under advisement for some time, on account of the difficulty I have found in arriving at a judgment thereon. It is a cause of collision which occurred in the Bay of St. Lawrence between two fishing vessels called the. Jubilee and the Summit, and by which the former with her fare, was destroyed. When the collision occurred, the Summit was sailing elosehauled on the wind, and had her larboard tacks aboard. The Jubilee had her larboard tacks aboard, and her sails set so as to lie close to the wind, but whether she was, and for some time before had…