Henry Billings Brown

“ It is evident that the circuit court was dissatisfied with all the testimony upon the subject of the barque's heading at the time of the collision, and rested its conclusion upon the finding that, during the time the steamer was running under her hard astarboard wheel, she changed her course to the eastward two or three points, and the barque, after she luffed, changed her course but one or two points by the time the vessels came together. ”

“ The finding in question was as follows: 'The whistle of the steamer first heard by those in charge of the barque indicated to them that the vessels were quite near to each other. They thought the steamer was approaching bearing abeam on the barque's port side. Immediately after, they saw her masthead light and then her green light, whereupon the mate told the wheelsman to port the wheel, and called to those below to save themselves. The man at the wheel had hardly got the wheel over when the steamer struck the barque. ”

“ Indeed, the probability that a steamer or a vessel sailing with a free wind will pursue the course customarily pursued in that vicinity, by vessels bound from and to the same port, is so strong that a deviation from that course without apparent cause will not be considered as established without a clear preponderance of testimony. The district judge also found that the general course of the vessel was N. E. until her wheel was put to port, just before the collision. ”

“ Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of itself, sufficient to account for the disaster, it is not enough for such vessel to raise a doubt with regard to the management of the other vessel. ”

“ The Abbotsford, 98 U.S. 440; The Clara, 102 U.S. 200; The Benefactor, Id. 214; The Annie Lindsley, 104 U.S. 185; Collins v. Riley, Id. 322; Sun Mut. Ins. Co. v. Ocean Ins. Co., 107 U.S. 485, 1 Sup. Ct. Rep. ”