Samuel Nelson

“ A collision usually results in the destruction of the sailing vessel, and, not unfrequently, in the loss of the lives of persons on board.
We think, also, that the New Jersey was in fault for not having a proper look-out at the time of the collision. The pilot at the wheel was the only one, as no other person appears to have been above or on deck. It is apparent from the evidence, that, with a competent look-out, and slackened speed of the steamboat, there could have been no great difficulty in passing this fleet of river-craft in safety. ”

“ A little arithmetic will show, that a sailing vessel, proceeding at the rate of three miles or two miles an hour through the water, or even less, can change her position from a point so far out of the line of the direction of a steamer approaching her, proceeding at an ordinary rate of speed, as to render a collision inevitable; and a collision thus occasioned would be justly chargeable to the fault of the sailing vessel. ”

“ My conclusions, thus stated, are fortified by the strong desire to preserve in fullest vigor that admirable institution of our Anglo-Saxon ancestors,-whose elevating influence on the character even of the humblest man is perceived in his consciousness that he forms a part, an important, nay, an indispensable part, in the administration of the laws,-the venerable trial by jury ”

“ III. Sailing vessels are bound to presume that steamers approaching them have competent pilots, and that they will in due time change their course, and a sailing vessel is therefore not bound to take any measures of escape; but if a steamer neglects or violates her duty till the danger becomes imminent, she will be liable for the consequences, even though the sailing vessel may make any manoeuvre which, in the distraction of such a moment, may seem to her (no matter how falsely) calculated to prevent or mitigate the accident. ”

“ Whether the said libellant has sustained damages to the amount of $3,500, or to any amount, by the collision aforesaid, and the sinking of said sloop with her cargo, this respondent is not informed, save by said libel, and does not admit the same, and leaves him to prove the same as he may be advised; but this respondent insists, that neither said steamboat New Jersey, nor this respondent, is liable for any part of such damage, if any there be. ”

“ VII. The whole evidence shows that, nearly opposite Sands's Dock, only a mile and a quarter from the place of collision, the steamer, without any sufficient reason, commenced crossing gradually to the western shore, directing her course for Blue Point, till she passed the sloops Illinois and Exertion, when she bore further westward, till she came to the Temperance, where she straightened up the river till she passed the White House, when she bore rapidly to the west, endeavoring to cross the bows of the Hamlet, and in doing so ran on to the bowsprit and sunk her. ”

“ Hamlet was then half way between witness and shore, a little astern of witness; steamboat kept her course west, and tried to pass Hamlet's bow; saw them strike steamboat. Hit bowsprit of Hamlet, and slewed her right round to westward; saw her sink within a minute or two; wind was very light and baffling, northeast and northwest, and every way. Witness's boom at time, off east; was going three to four miles through water. Witness a little above the White House, nearly opposite to it.
'Cross-examined.-Not quite a mile from White House, to Blue Point three quarters mile. ”

“ VII. In reference to the pleadings, the rule of pleading in cases of tort is, that it is sufficient if part only of the allegations stated in the declaration or answer be proved, provided that what is proved affords a ground for maintaining the action or defence, supposing it to have been correctly stated as proved: it is quite enough in cases of tort, if the same ground of action or defence is proved as laid in the declaration or answer, although not to the extent there stated. ”

“ Was pilot of Van Buren. Witness was at helm; at time of collision, one quarter to one third from western shore, across river, right after Hamlet thirty or forty rods, perhaps, off; saw two vessels come together; should think steamboat was going eight or ten knots, steering west-northwest to northwest course.
'Hamlet heading directly down river; wind unsteady at time; witness going about two knots; saw steamboat a mile and a half off, and though she was on east side, and going up that side, as witness's sail shut her in; boom off east. ”

“ XI. No blame is imputable to the steamboat in not having a look-out down and forward on the steamboat (which at best would have been a useless precaution under the circumstances) , in reference to the collision, who could only have furnished the pilot with information as to the position and course of the sloop, which he had from his own observation, in good season. ”

“ This respondent further says, that, as he is informed and believes, on the afternoon previous to the collision in question, the New Jersey started from New York at or about five o'clock, with a tow-boat of about two hundred tons burden, bound for Hudson, and at the time of said collision, which arose from running the sloop into the said steamboat, as hereinafter mentioned, the said steamboat was within about half a mile from a point on the Hudson known as Blue Point, a distance of about eighty miles from New York ”

“ The suit was commenced in the District Court in admiralty against the steamboat New Jersey, to recover damages arising from a collision on the North River, in which the sloop Hamlet was run down and sunk, in October, 1846. ”