Samuel Nelson

“ All agree as to the state of the weather-thick, hazy and dark; as to the direction of the wind-from the south-south-west; the course of the vessels-the Mary Frances on the starboard tack, standing south-east, and the Washington on the larboard, standing nearly due west; the rate of speed-five and a half knots the hour. ”

“ The Washington was standing to the westward when first seen, and orders were immediately given to put the helm hard down, and, at the same time, the hands cried out to those on board the Washington, to keep off. The collision took place, as estimated, from five to seven minutes after the Washington was first discovered. The Mary Frances was struck midships, on the larboard side, her bulwarks stove in, and her planks below the white streak on the opposite side were broken, and all her forerigging carried away. ”

“ But we think it more just and equitable, and more consistent with sound principles, that where the loss happens from a collision which is the result of inevitable accident, without the negligence or fault of either party, each should bear his own.
There seems no good reason for charging one of the vessels with a share of a loss resulting from a common calamity beyond that happening to herself, when she is without fault, and therefore in no just sense responsible for it. ”