The Manitoba
District Court, E.D. Michigan
The Comet was bound from Grand Island,. Lake Superior, to Cleveland. Having rounded Whitefish Point at about 8 p. m. she saw the red light of the Manitoba when about one-fourth to one-half a point upon her port bow. The Comet immediately ported her wheel half a point and steadied.
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The Comet was bound from Grand Island,. Lake Superior, to Cleveland. Having rounded Whitefish Point at about 8 p. m. she saw the red light of the Manitoba when about one-fourth to one-half a point upon her port bow. The Comet immediately ported her wheel half a point and steadied. After running on a short time and finding that the-Manitoba failed to open out, she ported again half a point, blew her whistle, which was not-answered, and failing to shake off the Manitoba, which seemed to be swinging under her-starboard wheel, the Comet again was put hard a-port, the Manitoba now shutting in her…
1Opinion of the Court
BROWN, District Judge.
Before entering upon a discussion of the testimony, there is a legal proposition, to which the attention of the court was challenged at the outset of the argument, and which libellants claim is decisive of the case. Admitting the theory of the Manitoba to be true, that she made first the bright and then the green light of the Comet, three-quarters of a point on her starboard bow, it was insisted that the steamers were still meeting “nearly end on” within the 13th article, and that it was incumbent upon the Manitoba to port, instead of starboarding, as she did. The words…
2Cases cited1 opinion
- The “Free State”Supreme Court of the United States · 1876
3Cited by2 opinions
- The New YorkDistrict Court, E.D. Michigan · 1891
- Hitch v. Merchants' & Miners' Transp. Co.Court of Appeals for the Fourth Circuit · 1894