LADY DUFFERN Schooner, collided with the schooner J.D. SAWYER on Lake Erie, November 1874. Property loss $500.
Casualty List for 1874
Chicago Inter-Ocean, Dec. 25, 1874
John and Ellen Green, of Buffalo, have libeled the schooner LADY DUFFERIN for $2,000, for colliding with their schooner J. D. SAWYER, on Lake Erie, in November 1874
Friday, April 21, 1876
THE LADY DUFFERIN AND SAWYER COLLISION CASE.
Judge Blodgett yesterday rendered a deision In the somewhat ancient admiralty case of Johida W. Schooley, owner of the schooner LADY DUFFERIN, against the schooner J.D. SAWYER. This was a libel for a collision
which took place on the night of Nov.10,1874, about seven miles off Point au Pelee, in Lake Erie. The evidence showed that about 1 o'clock in the morning of the day in question, the schooners were approaching each other. The night was bright and clear enough to see the vessels without the aid of their lights. The wind was south-southwest. The DUFFERIN was heading west by south, close hauled. The SAWYER was sailing on parallel lines to the DUFFERIN's course, with the wind on her quarter. The DUFFERIN, under the maritime rules, was entitled to hold her course, and should have done so. When the vessels were from a quarter to half a mile apart, the SAWYER starboarded her helm, thereby necessarily crossing the DUFFERIN's bows.
Had the DUFFERIN kept her course she might have gone to windward of the SAWYER, but she ported her helm, eased off her sheets, and the consequence, was, of course, that a collision became inevitable. The SAWYER struck the DUFFERIN a glancIng blow on her bow, disabling her, and rendering her so leaky as to require the assistance of extra hands and a tug to get her into the port of Detroit. where she lay for six days undergoing repairs. For the damage and delay the owners of the DUFFERIN claimed $3,000 damages.
Judge Blodgett, in deciding the case, held that, under the circumstances, both vessels were in fault. He could not imagine how two vessels could have collided on a clear night without both being considerably in fault. He would, therefore, order a reference to Commissioner Proudfoot to ascertain the damages, which would be divided between the vessels. Messrs. Rae & Mitchell appeared for the LADY DUFFERIN people, and Gardner & Schuyler for the SAWYER owners.
Chicago Inter Ocean
Tuesday, July 23, 1878