THIS was an appeal from the circuit court of the United States for the southern district of New York.
The case is stated in the opinion of the court.
The district court decreed that the collision was caused by the fault, want of precaution, and blamable conduct of the persons on board of and managing each of the vessels, and ordered the damages to be borne in equal moieties by them. Both parties appealed to the circuit court. Mr. Justice Nelson reversed the decree of the district court, and ordered that the libellants should recover against The Bay State the sum of $6,411, with interest from the 8th of October, 1849, and costs in both courts.
An appeal from this decree brought the case up to this court.
It was submitted, on printed arguments, by Mr. Lord, for the appellants, and Mr. Cutting, for the appellees.
The arguments of the counsel upon both sides consisted of comments upon the facts and evidence in the cause, which it would not be possible to explain without an abstract of the testimony.
Mr. Justice NELSON delivered the opinion of the court.