Public-domain · open source
OpenJurist

6 F. Cas. 1100

The Cynosure

Massachusetts District Court

Decided July 15, 1844

Massachusetts District Court · decided 1844-07-15

This was a libel in a case of collision, in which S. G. Nicoll was the libelant, and W. McClure the respondent. The principles upon which this case was decided were chiefly of a nautical character, but may be found important in many cases of collision; and in guiding masters and officers in the management of vessels which are approaching each other at sea.

Decided 1844-07-15

THE COURT

¶1said that upon the evidence in the case, it was satisfied that each vessel was sailing by the wind, the Androdus on the starboard and the Cynosure on the larboard tack; that the Androdus showed a light, kept her course, and when a collision was inevitable, luffed into the wind. No blame was attributable to her. It would seem that the Cynosure either did see or ought to have seen the light of the Androdus in sufficient season to keep off. From the opinions of the nautical gentlemen, It would seem that the Androdus was from one third to one half her length to windward of the Cynosure, and could have cleared her by keeping off a little; perhaps, by simply keeping her course without luffing. His honor thought it proved that the Cynosure ought to have known the course and movements of the Androdus, either by seeing the vessel, or by inferences which, as all the experts say, nautical men would draw at once from the bearing of the light.

¶2Decree for the libelant, for damages and costs.

/6/fcas/1100 · .json · Public domain