The Oregon

The suit was originally instituted December 31, 1889, by the filing of a libel in admiralty by John Simpson, master of the British ship Clan Mackenzie, against the steamer Oregon, to recover damages for a collision between the two vessels, which occurred December 27th, in the Columbia river, about a mile above a point in the river known as 'Coffin Rock Light,' and resulted in the sinking of the Clan Mackenzie, and the loss of two of her crew. The libel charged the Oregon with fault in not having a proper lookout or a competent pilot, and in failing to keep out of the way of the Clan Mackenzie, which was then at anchor.

Upon the Oregon being arrested, a claim to her was interposed by the Oregon short Line & Utah Northern Railway Company, and a stipulation given in the sum of $260,000 to answer the libel. Subsequently, intervening petitions were filed by James Laidlaw, administrator of the estates of the two seamen of the ship who were killed in the collision, by John Simpson and his wife individually, and by 18 others of the crew of the Clan Mackenzie, for the loss of their property, clothing, and effects in the sinking of the ship. Copies of these petitions were served upon the claimant, but no warrant of arrest was issued, and no separate stipulation was given to answer the interveners' demands.

James Joseph, another of the crew, also intervened, alleging that he had been seriously injured by the collision, and asking damages therefor. Exceptions to these petitions were filed, denying the right to intervene after the vessel had been discharged from arrest. These exceptions were overruled, and the claimant ordered to answer. Answers were accordingly filed.

Subsequently, and on April 5, 1890, the Oregon Short Line & Utah Northern Railway Company, charterer of the Oregon, filed a cross libel against the Clan Mackenzie, charging that the collision occurred through the fault of the latter, in failing to display a proper anchor light, to keep a proper anchor watch, or to call the steamer's attention by shouting, ringing the ship's bell, or showing a lantern or torch, as required by Rev. St. § 4234. A stipulation was given in the sum of $50,000 to answer this cross libel, and the cases came on to a hearing in the district court upon libel and cross libel.

The district court found the Oregon to have been in fault for excessive speed, for want of a proper lookout and of an officer on deck, and for the engligence of her pilot in mistaking the anchor light of the Clan Mackenzie for that of Coffin Rock, and for not keeping further out in the channel of the river. The district court also found the Clan Mackenzie to have been in fault for the want of a proper lookout, for failure to ring her bell, and for the omission to exhibit a torch. The case was adjudged to be one of mutual fault, and a decree was entered dividing the damages. The intervening petitions were held to have been properly filed, and one-half of their claims was ordered to be paid by the Oregon, and the other half out of the money found to be due to the Clan Mackenzie. 45 Fed. 62. From this decree both parties appealed to the circuit court, which affirmed the decree of the district court, and made the finding of facts printed in the margin.

C. E. S. Wood, for Simpson, master.

Artemas H. Holmes, John F. Dillon, and J. M. Wilson, for the Oregon.

William A. Maury, for interveners.

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