Noah Haynes Swayne

“ The failure to keep a watch on the deck of the 'Julia Newell' was the cause of the collision.
Looking at the case in the light of the findings of fact, no fault whatsoever, of omission or commission, is imputable to the 'Clara.' It is true it was her duty, under the circumstances, to enter the breakwater and proceed to her anchorage with the greatest care and circumspection. Culbertson v. Shaw, 18 How. 584.
Whether there was any failure on her part to comply with this requirement is not shown. But the maxim applies, quod non apparet non est. The fact not appearing is presumed not to exist. ”

“ Where the fault is wholly on one side, the party in fault must bear his own loss, and compensate the other party, if such party have sustained any damage. If neither be in fault, neither is entitled to compensation from the other. ”