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*« MARINE REVIEW. | 1 Affairs in Admiralty. DAMAGES DIVIDED. It is almost an exception with the courts of late to decide a collision case without a division of damages. The demand for strict observance of statutory regulations seems to be the cause. Three cases of this kind are reported in the current issue of the Federal Reporter. The first of them Morris of the United States district court, Maryland. A collision happened in the night time on the Patapsco river between two side-wheel steamers, the Virginia and the Louise. The Louise, the incoming steamer at a proper distance signaled tothe Virginia - by two blasts that she desired to take the southerly side of the channel, being the side which was on her port. The signal was answered by a tug which was between the Louise and the Vir- ginia. Without getting any reply from the Virginia, the Louise put her helm to starboard, and continued at her full speed of 11 miles an hour, until she was about a quarter of a mile from the Virginia, when she again gave a signal of two blasts. 'Ihe Virginia being then'over on the southerly edge of the channel with her wheel to starboard, and the channel being obstructed by a schooner, the Virginia was unable to avoid the Louise and they collided just at the bend of the channel. The court held that the Louise was in fault in putting her helm to starboard and taking the side of the channel which was on her port without getting an assenting signal from the Virginia; also in not obey- ing the rule which required her, having the Virginia on her starboard side, to keep out of the Virginia's way; also because when the risk of collision was apparent the Louise did not stop and reverse her engines but merely slowed. The Virginia, the outgoing steamer, heard the signal of two blasts given by the Louise and when it was answered by the tug supposed it was intended for the tug. She continued her full speed of 14 miles an hour, and ported her helm to avoid the schooner, and went over to the southerly end of the channel; but she did not make out the side lights of the Louise, nor did she signal herself until the Louise came out from behind the schooner, and signaled a second time when the steamers were not over a quarter of a mile apart. Then the Virginia blew danger signals and reversed her engines and did all she could to avoid the collision. The court held as to the Virginia that, as she was nearing a bend of the channel obstructed by the schooner and had not made out the side lights of the Louise, she was in fault in maintaining such a high rate of speed in a place of such danger, under such uncer- tainty with regard to the Louise's course, without having a dis- tinct understanding by interchange of signals before the steamers had approached so near to each other. Experience has demon- strated that the strict observance of every precaution prescribed by statutory regulations and by good seamanship is necessary for the safe navigation of steamers at high speed in channels of this kind. Both steamers were at fault. The second case is from California. The steamship State of California was bound for San Francisco and, when a short distance outside, sighted the barkentine Portland two points off her starboard bow and near two miles distant, bound | for the same place. No lights were observed on the barkentine, and the master of the steamer, supposing that the courses of the two vessels were nearly parallel, neither reversed his engines nor slackened his speed, but steamed on his course at the rate of 13 knots an hour. 'The night was dark but clear, and the courses of the vessels was in fact nearly at right angle. The barkantine was on the starboard tack sailing close-hauled upon the wind, and continued her course until the steamer was within 300 yards of her, and apparantly about to strike her amidships, when she was luffed into the wind, thus slackening her speed and turning her bow to starboard and away from the steamer. The latter, without changing her course or abating her speed, undertook to steam across the bows of the barkentine, when they collided, the bow of the barkentine coming in contact with steamer just abaft her beam, and both were seriously injured. The lights were burning on the barkentine, but the proof was not satisfactory that they were sufficient and such as required by law. The eir- cuit court of appeals, ninth circuit, held that the steamer was - fault on sighting the sail, in not reversing her engines, or slack- ening her speed until the course of the barkentine could oat ly be ascertained, and then it was her duty to keep out o ie way; and therefore the damage occasioned by the collision ought to be divided. ' comes from Judge ° In the third case, reported from the circuit court of appeals, second circuit, Judges Wallace and Lacombe, an abstract of the decision prepared by the court is as follows: By a collision dur- ing a fog between a steamship and a schooner the latter received injuries from which she sank. 'The schooner had no mechanical fog horn and, though the horn which she had was sounded, it was not heard by those in charge of the steamship. The failure of the schooner to have and use an efficient fog horn, to be sounded by mechanical means as required by the statute, was at least a contributing cause of the collision. A steamship failing to reduce her speed when going through a fog in one of the main lines of travel to such a rate as will admit of her being brought to a stand-still within the distance at which in the con- dition of the fog she can discover another vessel, is guilty of a fault rendering her responsible for damages in case of a collision which might have been avoided if her speed had been less. Where the loss of a schooner by collision with a steamship in a fog is caused by an improper rate of speed on the part of the steamship, and the want of a proper fog horn on the part of the schooner, the damages must be divided. Me Industiy File Works H. GOUCH, Props. SEND $5.00 TO Ee FILES AND RASPS R EV IEW FO R Equal to the best English File. 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