The Fairbanks

APPEAL from the Circuit Court for the Southern District of New York, in which court the owners of the brig Santiago filed a libel against the steamer Fairbanks, to recover damages sustained by the brig in a collision with the steamer.

The collision occurred in a fair, mild night of June. The weight of testimony from witnesses went to show that the brig had properly kept on her course, which was about north by east, and that the steamer, which was running about south by west, had not properly avoided her. Opposed to which was a fact, testified to by some witnesses, and which seemed to inspection to be true, viz., that the steamer had been struck in the collision by a square blow, indicative of the fact that the approach of the brig was at right angles.

The District Court decreed in favor of the brig. The Circuit Court on appeal reversed the decree.

Mr. J. C. Carter, for the appellant; Mr. R. D. Benedict, contra.

Mr. Justice CLIFFORD gave the details of the case, and delivered the opinion of the court.