Page:Federal Reporter, 1st Series, Volume 1.djvu/933

PEEKINS ». BOHOONER HEECOLES. 925 �The steamer -was not injured at ail, so that the only dam- age to be determed is the loss sustained by the owners of the Bchooner. The libellants' itemized account of loss amounts to $1,407. This exceeds, in some of the items, what, in my judgment, is proper to be allowed. The 900 biishels of oys- ters are charged at 30 cents a bushel, but the proof is, I think, that their value, as they lay in the vassal, did not ex- ceed 25 cents; this would resuit in a deduction of $45. Two months' detention of the sohooner is charged at $600. Two months was, I think, an unnecessarily long time to be consumed in raising and repairing the schoouar. It could have been aceomplished in less than half the tima, and I deduct $300 from that item. This reduces the account $345, leaving $1,062 as the damage. �I will sign a decree against the stipulators in favor of the libellants for half that amouut. ���Pbbkins and othars v. Sohooneb Heecules. Warben Foundry & Machine Company v. Same. {District Court, D. Massachusetts. April 14, 1880.) • �CoM-isioN — Sailing Vbsski. and Btbameb — Immatkrial Omissions — BuBDBN OF Proof. — In the case of a collision between a sailing vessel and a steamer, the burden of proof is on the latter to show want of neg- ligence, and the omission of the master of the schooner to warn the man at the wheel of the approach of the steamer, or to show a lighted torch, in accordance with section 4234 of the Revised Statutes, is imma- terial, when such omissions did not contribute to the collision. �In Admiralty. �Nelson, J. These are two libels; the first by tha master, crew and owners of the schooner Charles S. Eogers, and the second by the owners of the cargo on board the schooner, against the steamer Hercules, for running into and sinking the schooner, oflf Cape Cod, thrae miles south-east of High- land Light, at half past two of the morning of May 31, 1879. The uight tras clear, with the wind fresh from south south- ��� �