About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Scotia, The U.S. 170 (1872)

handle is hein.slavery/ussccases0359 and id is 1 raw text is: 170 THE SCOTIA. [Sup. (t. Syllabus. any such direction or to interfere in any manner with the judicial discretion and judgment of the subordinate court.* Viewed in the light of the return, the court is of the opinion that the rule must be discharged and the PETITION DENIED. THE SCOTIA. 1. Although it is the clear duty of an ocean steamer sailing at night to keep out of the way of a sailing vessel, yet if the course of the sailing vessel, when first seen, is such, that compared with her own no collision is probable, the steamer is not bound to change her course. She need but watch and see that the courses of the two vessels are preserved. It is only when the sailing vessel does change her course, so as to render a collision possible, that the steamer must change hers also; and if she then makes the proper manoeuvres to take herself from the sailing vessel, and when collision becomes more probable slows, stops, and backs, all as the best judgment that can be formed in the emergency suggests, she is not liable for the collision. 2. The statutes of the United States and the orders in council of Great Britain having each prescribed the sort of lights which, on the one hand, their steamers are to carry at night, and the different sort which, on the other, their sailing vessels are to carry, and both nations adopt- ig is this form the same distinction in the sorts of lights for the two sorts of vessels respectively, the court declares that where a British steamer and an American sailing vessel are navigating at night in the known path of vessels navigating between the United States and Great Britain, so that there is a reasonable probability that vessels in that path would be either American or British, a steamer may, in the ab- sence of knowledge, act upon the probability that a vessel whose light she sees while she cannot distinguish at all the vessel herself, is such a vessel as her light indicates, and apply the rule of navigation common to the two countries accordingly. 6 Under the existing statutory regulations of the United States and Great Britain (stated more fully infra, pp. 171-2), both of which on the one hand require sailing vessels to carry colored lights and not to carry a white one, and both of which on another require steamers to carry a white light at their mastheads,-when an American sailing vessel car- ries in mid-ocean at night a white light hung at her bow, fastened low Ex parte Crane, 5 Peters, 194; Ex parte Bradstreet, 7 Id. 634; Insur- ance Co. v. Wilson, 8 Id. 304; Ex parto Many, 14 Howard, 25.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most