Page:Federal Reporter, 1st Series, Volume 1.djvu/900

892 FBSEBAIi BEFOBTEB. �appear, in satisfaction, pro tanto, of the amonnt adjudged to be due him upon the charter-party of the steamship Biagden, in the pleadings mentioned. ���BuNGB and another v. Thb Steamship Utopia, etc. �Zeismbb and others v. The Steamship Utopia, eto. �(IHstrict Court, 8. D. New York. March 3, 1880.) �Collision — Immodekatb Ratb op Speed— Fog.— Eleven knots an hour is an immoderate rate of speed, where the fog is so tliick that vessela can only be dimiy seen at the distance of a quarter of a mile. �Samb — DuTT op Steamer to Stop — Vbssel m a Foo. — A steamer should Btop whea uncertain as to the course of a sailing vessel by leason of a fog. �EïvrDBNCB — Statbmbnt dp Masteb — Contradiction op Testimont. A statement made by the master of a steamer before the roceiver of wrecks, in pursuance of the merchant's shipping act of lS.5-1, (17 and 18 Vict. c. 104,) is admissible in evidence to contradict the testimony of Buch master in a trial for collision. �Bamb — Opficial Loq. — Facts stated in an officiai log, made and signed by thosa chiefly having knowledge of the facts, must, as agiiinst tho ship, be taken to be true, un lesa a mistake is clearly shown. �E. D. Bcnedict, for libellants. �H. T. Wing and C. Van Santvoord, for claimants, �Choate, J. These suits are brought by the owners of the German bark Helios, and the owners of her cargo, to recover the value of the vessel, and her cargo of petroleum and staves, which were totally lost by collision with the steamsliip Uto- pia, on the sixth day of September, 1878. �The place of the collision is stated in the libels to have been in latitude 43 deg, 34 min. north, longitude 50 deg. 18 min. west. The answers make the place a little further to the southward and eastward, but the difference is not mate- rial, and the place is admitted to have been on the great baiik of Newfoundland, near its southern edge. �The collision took place in the day-time, a little after 5 o'clock in the aftemoon. The steamer was bouad from Lon- ��� �