Monticello (Schooner), U90203, collision, 1 Jul 1890
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Affairs in Admiralty.
Judge Hammond of Tennessee, handed down a decision at Detroit last week, in the collision case which occurred at Southeast bend last July, between the CHARLES HEBARD and consorts and the MONTICELLO. The HEBARD was bound down and noticed a raft ahead. The MONTICELLO, in tow of the AMERICAN EAGLE was bound tip, and the tug crowded the shore so close that one of the schooners grounded, while the tow of the HEBARD, which had been checked drifted into the tow of the tug. The decision finds the HEBARD entirely at fault and is as follows:
"Given the fact, that the injured vessel is seen to be with out fault, or even without a suspicion of any given the facts that there was nearly 300 feet of open water between the edge of the raft and the American shore ; given the fact that there was no force in the sweep of the current or no obstacle in the trend of the bend that was not always in that bend and that current, if not in all bends and all currents; given the fact that there was no hindrance in the wind or light; nothing in any of the elements that ordinary skill in navigation should not always anticipate at that time and place and under the conditions then present and it seems to me that the negligence of the HEBARD is conclusively demonstrated by the happening of the collision itself.
"So far we have considered the case upon the proof of the defendant's witnesses, not taking everything they say to be true, to be sure, and particularly all the opinions they express, but substantially giving credit to them and believing that they swear as they saw the fault and only correcting errors of evidence by the other proof pertinent thereto. And this is all the court can ever do, for it is not bound to believe everything a witness swears, although lie be a credible witness. Credible witnesses are often mistaken."
March 5, 1891
Schooner MONTICELLO. U. S. No. 90203. Of 316 tons gross; 300 tons net. Built Detroit, Mich., 1870. Home port, Port Huron 136.7 x 26.3 x 11.3
Merchant Vessel List, U. S., 1904
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- Reason: collision
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- William R. McNeil
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Maritime History of the Great Lakes