Henry Billings Brown

“ There was every reason to suppose that, as soon as she passed the line of red buoys at the northerly edge, she would port, and take her proper course up the channel; and if for any reason she was unable to do this, it was her plain duty to apprise the tug of the fact, either by blowing the starboard signal of two whistles or an alarm whistle, to indicate that the circumstances were such as to render it impossible for her to fulfill her obligation to keep out of the way of the tug. ”

“ The first section declares it to be unlawful for the manager, etc., of any vessel engaged in foreign trade, to insert in any bill of lading any covenant or agreement whereby the vessel or her owner 'shall be relieved from liability for loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care or proper delivery of any and all lawful merchandise or property committed to its or their charge,' and that any such clause shall be null and void. ”

“ She was returning to New York in ballast only, and had taken a duly-licensed Sandy Hook pilot, who was in charge of her navigation at the time of the collision. The Talisman was an ocean tug, 100 feet in length, and at the time of the collision was engaged in towing the station pilot boat Edmund Driggs, with a hawser 15 fathoms in length, from a point some distance to the northward of the northerly line of Gedney's Channel diagonally across the channel towards the pilot station outside of the black fairway buoy, on the southerly side of the channel. ”

“ The main fault charged upon the Talisman, however, is that of not stopping and reversing when the failure of the Delaware to take measures to avoid her became apparent. In The Britannia, 153 U.S. 130, 14 Sup. Ct. 795, which was also a case of a starboardhand collision, the preferred steamer, the Beaconsfield, was held to have been in fault for stopping and reversing under similar circumstances; in other words, for doing what it is claimed the Talisman should have done in this case. ”

“ In any event, there is too much doubt about the fault of the Talisman to justify us in apportioning the damages.
3. Is the Delaware exempted from liability by the act of February 13, 1893, entitled 'An act relating to navigation of vessels, bills of lading and to certain obligations, duties and rights in connection with the carriage of property?' This is the first case in which this act, which has an important bearing upon the rights of shippers, has been called to our attention. ”

“ The exigencies which led to the passage of the act are graphically set forth in a petition addressed by the Glasgow Corn Trade Association to the Marquis of Salisbury, and embodied in a report of the committee on interstate and foreign commerce of the house of representatives. ”