Nathan Clifford

“ Matters of fact are the chief reliance of the respondents; and, inasmuch as the allegations of the answer show, in the judgment of the court, that the schooner was in fault, they will be given in considerable fulness. ”

“ Beyond all doubt, the steamer might have kept out of the way; and it is clear that the decree below, adjudging both vessels in fault, was correct. All that the steamer did in the outset was to change her course one point; and the evidence satisfies the court that, if she ever did any thing more to prevent a collision, it was not done in season to be of any avail. Porting the helm a point when the light of a sailing-vessel is first observed, and then waiting until a collision is imminent before doing any thing further, does not satisfy the requirements of the law. ”

“ Parties who do not appeal from a final decree of a circuit court which is regular in form cannot be heard in opposition to the decree when the cause is removed here by the opposite party, unless it appears that the proceedings in removing the cause were unauthorized or irregular. ”