Summary

Portrait of Noah Haynes Swayne Noah Haynes Swayne City of Paris — Opinion of the Court

He appeared to be in a confused state; got frightened, and did not know exactly what to do.' The conduct of the schooner must be considered in the light of the facts. They were enough to produce consternation. As she passed the stern of the brig the peril of her position became apparent. A steamer of immense power was bearing down directly upon her, and rapidly approaching. Escape seemed impossible and destruction inevitable. There was no time for reflection or precaution. The vessel and the lives of all on board were at stake.
Source: Wikisource

Portrait of Noah Haynes Swayne Noah Haynes Swayne City of Paris — Opinion of the Court

They were about three hundred feet apart. The brig was on the starboard and the ship was on the port side of the schooner. The course of the steamer was between the same vessels, with the ship on the starboard and the brig on her larboard side. The pilot says he picked out this course, though it was 'pretty narrow.' The subject was talked over. His plan was to go under the stern of the brig and ahead of the ship.
As almost invariably happens in this class of cases, each vessel has a theory which vindicates itself and condemns its adversary
Source: Wikisource

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