Sturgis v. Clough (62 U.S. 451)

THIS was an appeal from the Circuit Court of the United States, sitting in admiralty, for the southern district of New York.

The facts in the case are set forth in the opinion of the court.

The District Court dismissed the libel, each party paying his own costs.

The Circuit Court affirmed this decree, and that the appellees recover of the libellant their taxed costs of appeal.

The libellant appealed to this court, where it was argued by Mr. Benedict for the appellant, and Mr. McMahon for the appellee.

Mr. Benedict contended, amongst other points, that the evidence established the custom, that when tugs met a vessel, they rounded to or went around her, so that the bows of the two vessels would be in the same direction.

Mr. McMahon contended that the Hector was in the wrong, because the rule is, that when vessels are approaching each other under such circumstances, each should keep to the right; and if the Hector had done so, no collision would have ensued.

These were only the main points in the arguments, which branched out into many other points.

Mr. Justice GRIER delivered the opinion of the court.