Benjamin Robbins Curtis

“ The distance between the steamer and the schooner, when the latter straightened up and headed for the former, was only about 400 feet, as testified by the pilot in charge of the steamer. The opportunity for the schooner to make any manoeuvre, was consequently very small; and though some of the witnesses say there was breeze enough at the moment to give the schooner steerage way, others deny this. It must be remembered that the general rule is, for a sailing vessel, meeting a steamer, to keep her course, while the steamer takes the necessary measures to avoid a collision. ”

“ And though this rule should not be observed when the circumstances are such that it is apparent its observance must occasion a collision, while a departure from it will prevent one, yet it must be a strong case which puts the sailing vessel in the wrong for obeying the rule. The court must clearly see, not only that a deviation from the rule would have prevented collision, but that the commander of the sailing vessel was guilty of negligence or a culpable want of seamanship, in not perceiving the necessity for a departure from the rule, and acting accordingly. ”

“ Besides, the master of the schooner testifies, that the helm of the schooner had been put hard down by him, and fastened there in a becket, as soon as he saw the steamer, and before hailed from the latter. In this he is corroborated by his mate and crew. Other witnesses say, they saw a man run aft, when hailed, and put the helm first up and then down. This apparent discrepancy may be accounted for by the fact mentioned by those on board the schooner; that, after the master had left the helm hard down in a becket, and just before the collision, the mate ran aft. ”