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Thomas Whitridge and others, Claimants of the Schooner Fannie Crocker, Appellants, v. Joshua Dill and others U.S. 448 (1860)

handle is hein.slavery/ussccases0169 and id is 1 raw text is: SUPREME COURT Whiridge et al. v. Dill et al. the contemplation of the eontracting Powers, and is not em. braced in this article of the treaty. This view of the treaty disposes of this cause upon the grounds on which it was de- termined in the Supreme Court of Louisiana. It has been suggested in the argument of this case, that the Government of the United States is incompetent to regulate testamentary dispositions or laws of inheritance of foreigners, in reference to.property within the States. The question is one of great magnitude, but it is not im- portant in the decision of this cause, and we consequently ab- stain from entering upon its consideration. The judgment of the Supreme Court of Louisiana is affirmed. THOMAS WHITRIDGE AND OTHERS, CLAMATrS OF THE SCHOONER FANNIE CROCKER, APPELLANTS, v. JOSHUA DILL AND OTHERS. In a collision which took place between two schooners in the Chesapeake bay, the colliding vessel, being the larger, and fastest sailer, and attempting to pass the smaller to windward, was in fault, because there was not a sufficient lookout. The absence of a lookout is not excusable, because of an accident wiich had happened, and which required all hands to be called to haul in the damaged mainsail. 3he was also in fault, because, being not sufficiently to the windward to have passed the other vessel in safety, she did not seasonably give way and pass to the right, the wind being from the northwest, and both vessels directing their course north by east, the smaller vessel laying one point closer to the wind than the larger. Where a vessel astern, in an open sea and in good weather, is sailing faster than the one ahead, and pursuing the same general direction, if both vessels are close hauled on the wind, the vessel astern, as a general rule, is bound to give way, or to adopt the necessary precautions to avoid a collision. Cases cited to illustrate this principle. THIS was an appeal from the Circuit Court of the United States for the district of Maryland. It was a libel filed in the District Court by Joshua Dill and ten others, owne&; of the schooner Henry R. Smith, against the schooner Fannie Crocker, for running down and sinking the schoonerHenry- R. Smith.

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