The Delaware (161 U.S. 459)

This was a suit in admiralty, instituted by Charles H. Winnett, the owner and master, and the crew of the tug Talisman against the steamship Delaware, to recover damages for a collision between these vessels, which occurred on September 16, 1893, about 10 o'clock in the morning, in Gedney's Channel, off Sandy Hook, at the outer entrance of New York harbor, and within three miles from land.

In the district court the Delaware was held solely in fault (61 Fed. 525), and a decree was entered against her for $21,318.70. Her owner thereupon appealed to the circuit court of appeals, which affirmed the decree of the district court as to the fault of the steamship, and certified to this court certain questions as to whether she was absolved from liability by the provisions of the act of February 13, 1893 (27 Stat. 445), entitled 'An act relating to navigation of vessels, bills of lading and to certain obligations, duties and rights in connection with the carriage of property.' This certificate was docketed as a separate cause. The owner of the Delaware thereupon applied for and was granted a writ of certiorari to bring up the whole record, upon the ground that the circuit court of appeals erred in failing to find contributory negligence on the part of the Talisman.

The first three sections, containing the material provisions of the act in question, commonly known as the 'Harter Act,' are printed in the margin.

J. Parker Kirlin, for appellant.

Harrington Putnam, for appellees.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.