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16 F. Cas. 715

The Margaret

U.S. District Court

Decided May 3, 1878

U.S. District Court · decided 1878-05-03

Libel for collision, by Pickering, master of the schooner Margaret, against the steamship Catharine Whiting. Upon the night of November 2, 1877, the steamer Catharine Whiting was proceeding up the river Delaware in mid-channel, nearly opposite Salem creek, under steam; at the rate of about six miles per hour, with proper lights, and a good and sufficient lookout. The tide was about flood, and the wind blowing up the river.

Decided 1878-05-03

¶1THE COURT

(CADWALADER, District Judge,)

¶2held both vessels to be in fault; the schooner for not exhibiting a lighted torch, and the steamer for not seeing sooner the red light, its failure in that respect not being sufficiently explained. Decree entered in favor of the schooner for half damages with costs.

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