O'Neil v. Sears

SPRAGUE, District Judge.

The collision took place between two schooners in the harbor of Boston, on a fair day, a whole-sail breeze blowing. The inference is, that qne or both the vessels must have been in fault, because on such a day, and in such weather, a collision ought not to take place.

I shall first consider whether the libellant was in fault. His vessel, the January, was lying at anchor in Fore Point channel. The Actsea was getting under way, and in doing so ran foul of the January.

• It is insisted that the January was in fault in two particulars:

1st. In being anchored in an improper…