Page:Federal Reporter, 1st Series, Volume 9.djvu/584

THE VESPEB. 569 �must in lawbe held accountable for damages occasioued by themate's misconduet. �Under all the facts of the case this libellant presents himself as in the outset greatly in the wrong, and he is entitled only to a reasona- ble indemnity for his expenses, suffering, and loss of time. Hia wages were paid him to the time of his arrivai, although he was not on duty after he was shot, and he bas been detained mthout expanse as a witness for the government in the criminal proceedings against the mate, and will receive the usual allowance. It does not appear that he was at any expense for physicians or otherwise. His wound healed shortly after it was inflicted, the bail being lodged in the muscles, so near the surface that the physician called by the libellant testifies that it can be easily removed, the wound healed in a week, and the party entirely cured and ready for duty as a seaman in a month, without doubt ; and it is fortunate for all parties that the wound thus inflicted is of so trivial a character. �In Elwell V. Martin, 1 Ware, 53, the injury sustained by the libel- lant was more severe than Murray's, there being a dislocation of the arm, which remained in that condition 14 days and was reduced with great suffering and diflQeulty, and it was in proof that it would be some months before the party could recover the use of his arm, and that it would always remain more liable to such an injury. In that case the libellant had been guilty of misconduet, which in some degree influenced the judgment of the court in awarding the amount of dam- ages, which were fixed at $80. I think that Murray may well be satisued with a similar amount, and it is so deereed. ���The Vesper. {District Court, 8. D. New York. December, 1881., �COLl/ISION — SPEBU OP SAILING-VeSSEL — LOOKO0T — OB8C0RATIOII OF LlGHTS — �Thiud akd Eighth ilui.ES OF Navigation. �Where the steam-propclicr V. collidod with the schooner J. J., in the evening of October 7, between Bedloe's island and Robbins' reef, in New York harbor, striking her on the port bow, and the J. J. had been sailing at the rate of eight knots an hour, with a strong JBood tide, on a N. E. course, with the wind nearly free, until just before the collision, when she for the first time saw the V., and then ported to avoid the collision, but had not seen her lighta, nor those of another steamer near the V., both being long in sight, — �Hdd, that the failure of the J. J. to see the other lights was due to her not keeping a proper lookout. ��� �