scnbers at United States Lloyds for insurance under their open policy with said subscribers in the sum of $46,000 on about 900 bales of cotArizona, other ton, valued at sum insured 011 board the steamer saule line at and. from New York to Liverpoot This application was accepted by such iilsurers. Subsequently, being misled by the designation of the Arizona in the bills of lading, the libelants notified the underwriters that all cotton excelJt 185 bales was going by the Arizona. Thereupon such application was changed to 'read ollly"Arizona," and certificates of insurance were issued in accordance with such notification, and the libelants attached drafts to the said eertificateand bills of lading, and sold such drafts to bankers in the city of New York. Libelants paidthe premium upon said risk. Eighteenth. Otherwise than as specified in the seventeenth finding, the libelants did not do anything, or refrain from doing anything, which they would have done, or refrained from doing, had they not been misled as to identity of the ve.3sel which in fact carried the 559 bales. Nineteenth. The price of cotton of the class in question fell in Liverpool between the of the arrival of the Arizona and the date of the arrival of Wisconsin three-eighths of a penny per pound. 'l'wentieth. The allotment of said shipment, namely, 219 bales to the Arizona and 559 bales to the Wisconsin, was made by Harvey T. Underhill.
CONCLUSIONS OF LAW.
First. The libelantS are entitled to recover from the respondent the amount of the premjt1m of insurance which the libelants paid for insurance on cotton on the Arizona, which was not carried by that vessel. Second. 'l'here is no otQer liability on the part of the respondent to the .libelants. Third. The decree of the district court should be reversed, with costs . of thjs court only, and ,an order of reference made to a commissioner for the of ascertaining the said damages of the libelants.
THE NORTH STAB.
(InBt7'I.ct Oourt, E. D. Michdgan. January 9ll, 1800.)
. CoLLISION BETWEEN STEAM"SlIIPS-FOG.
When two steamers are approachIng each other in a fog, and repeated signals fl'f)m each of them indIcate that they are drawing together upon opposite or crossing it is the duty of each to stop until they come to a clear understanding with regara to their respective positions and courses, and, if there be any confusion of signals, or any other apparent risk of collision, it ia the1r duty not only to stop but to.reverse th.e1r engines. (811Uabus lYu the ooun.)
In Admiralty. This was a suit for a collision between Sheffield and NorthStar, which occurred about 5 o'clock in the afternoon of June 14,
1889,during a. dense fog, to the northward and westward 'ofWhitefish point,.intake Superior, resulting in the sinking and .total loss of the Sheffield. ,The libel of the Sheffield averred that, while upon a trip from ,Ohicago to. Two Harbors, Minnesota, aJ?d after passing Whitefish point,and :being put upon a W., N. W. course,. she encountered a which gradually became denser and steadier. While upon this course, with a sDlooth sea and a light wind, and with her fog,signals regularly blowing, she, heard the, distant Bound of a steamer's whistle, nearly ahead. Herenginel'l were at once checked, when the si,gnal was heard againa little upon her starboard bow. She was again checked, and a signal of two blasts blown, to which no an$wer:was received. The signal was repeated, and the Sheffield starboarded half a point. The approaching steamer, which proved to be the NorthStar, replied with one blast still a long distanCE;! away. To make certain whether this was blown as a fog-signal or a passing signal, the Sheffield blew a signal of two blasts or three times, to each of which the Star answered with a ,signal of one blast. 1-'hereupon the Sheffield, acquiescing in the deto port, blew one, blast and ported. The mand of the Star to vessels were then from a half to two miles apart, the Star ,iog less than,a .point upon the Sheffield's starboard bow. ,.'rhe Sheffield :was steadied under her port wheel N. W. by N. This threw the Star upon the port how of the Sheffield. The steamers approached, ing signals of one blast, until the .Btar was apparently well off upon the t() be past. port side of the Sheffield, and all, risk of collision While in this situation; a signal of two blasts was heard from the Star, a.pparently four points off the Sheffield's bow, the vessels being now too close to change 'sides by starboarding. The Sheffield answered with one blast, and ported:; hard. Again the blew two blasts,which were allswered again by one, and the Star appeared through the fog peading for , the Sheffield, two lengths or more distant, on the port side,' and coming at great speed. The master of the Sheffield at once signaled: to the engine for and ordered the wheel but too late to of service. The North Star struck the Sheffield at about right angles, and near her port mizzen rigging. cutting mto her six or eight feet and sinking her within five minutes. The answer averred that the North Star, 1?,eing on a voyage from West Superior, Wis., to Buffalo,N. Y., upon a course S. E. by E. half E., and running under check, .heard a signal of two. blasts of a steam-whistle about three-quarters of a point over her starboard bow. Knowing this tAl be a passing signal of a steamer bound up the lake, it was promptly answered by two blasts from the North Star. In less thana minute afterwards, a second signal of two blasts was heard, still upon the starboard bow, which was again answered by a similar signal from the Star. This was again repeated. After the last signal was given and answered. the approaching steamer, which proved to be the Sheffield, suddenly blew a signal of one blast, still off the Star's starboard bow. As soon as this Wf1S 1;>lown. danger of collision was apprehended, and the Star promptly ,nswered this signal by adhering to her own signal of two blasts, ,and