The Baltic
District Court, S.D. New York
In admiralty. This was a libel for a collision, which occurred on the 2d of October, 1865, about seven o’clock, A. M., between the steam tug Pope Catlin and the steam ferryboat Baltic. [Interlocutory decree for libel-lant.
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In admiralty. This was a libel for a collision, which occurred on the 2d of October, 1865, about seven o’clock, A. M., between the steam tug Pope Catlin and the steam ferryboat Baltic. [Interlocutory decree for libel-lant. The libellant’s exceptions to the commissioner’s report were afterward overruled in The Baltic, Case No. 824.] The Baltic was a ferry-boat plying regularly across the East river, at the city of New Yv,rk, from a slip at the foot of Hamilton avenue, in the city of Brooklyn, to a slip ai the foot of Whitehall street, in the city of New York. The collision occurred on a trip…
1Opinion of the Court
BLATCHFOBD, District Judge.
Where a vessel in motion comes into collision with a vessel which is motionless, the burden of proof lies on the vessel so coming into collision, to show that the collision was inevitable, or that the motionless vessel was to blame. The Percival Forster, Down. Col. 58. In the present case it is claimed, on the part of the ferry-boat, that the force which swept her against the tug was a vis major, and that, therefore, the collision was, so far as the ferry-boat was concerned, the result of inevitable accident. The ferryboat must be held liable for the damages caused…
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