Summary

Portrait of Robert Cooper Grier Robert Cooper Grier Marcellus — Opinion of the Court

It is a common mistake to attribute the motion of one of two passing bodies to the other. Calculations of time and distance, resting on the loose recollections of witnesses, can seldom be relied upon with much confidence. The collision took place in the evening, when it was not quite dark. The testimony of three of the ship's crew concurs with that of witnesses on the schooner, in establishing the state of facts as alleged in the libel.
Source: Wikisource

Portrait of Robert Cooper Grier Robert Cooper Grier Marcellus — Opinion of the Court

When the wind is southwest, it is the general rule that vessels going out shall keep to the windward side of the channel, and the vessels coming in the leeward. The witnesses, who could know best, testify, that throughout the passage down the narrows the schooner was kept close to the wind, and was not suffered to fall off, and did not luff at all. Others may have formed erroneous judgments.
Source: Wikisource

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