The Ferryboat D. S. Gregory and The Steamboat George Washington. of the vessel and on the freight from the time of the collision to the date of his report. The fourth exception is, that no interest should be allowed on the freight, and that none is claimed in the libel. The fifth exception is, that interest should only be allowed, if allowed at all, from the time of the commencement of the suit, and that no interest is claimed in the libel. The libel claims no interest either on the value of the vessel or on the freight. I do not think it was necessary to claim interest in the libel. The libel claims to recover the damage stated for the loss incurred at the time of the loss, and the libellant is entitled, on the case made by him, to have the damages awarded to him as of the time of the loss, and to be made whole as of that time. This is done approximately by allowing to him interest on the value of his vessel and of his net freight to be earned, as they stood at the time of the collision; that is, interest on them from the time of the collision. The fourth and fifth exceptions are disallowed. Beebe, Dean & Donohue, for the libellant. F. R. Sherman, for the respondents. MARCH, 1868. THE FERRYBOAT D. S. GREGORY AND THE STEAMBOAT GEORGE WASHINGTON. COLLISION IN NEW YORK HARBOR.-STEAM VESSELS CROSSING.SPEED. KEEPING COURSE.-PASSENGER.-SUNDAY LAW.-DAM AGES. A steam ferryboat, crossing the Hudson River, as she approached her slip on the New York side, saw a steamboat coming down the river about two hundred yards out from the piers, and blew one whistle as a signal and ported her wheel, and, as she saw that the other vessel did not change her course, biew another The Ferryboat D. S. Gregory and The Steamboat George Washington. single whistle, and kept on with unslackened speed, till she was struck on the port side by the other steamboat; The steamboat, coming down the river at the rate of twelve miles an hour, saw the ferryboat coming, and blew two whistles, and kept on with unabated speed and without any change of course, although she saw that the ferryboat paid no attention to her signal, until just before the collision, when her engine was stopped; A passenger on the ferryboat, on her way to New York to attend divine service (the day being Sunday), was severely injured by the collision: Held, That both vessels were in fault. That, when each vessel signaled, it was seen by her that there was "risk of collision," within the meaning of the 14th and 16th articles of the rules for avoiding collisions, contained in the Act of April 29th, 1864 (13 U. S. Stat. at Large, 60), and it was the duty of each of them to have then slowed and stopped. That, as the vessels were crossing, it was the duty of the steamboat, having the ferryboat on her starboard hand, to keep out of her way, according to the 14th article. That it was the duty of the ferryboat, under the 14th and 18th articles, to have kept her course, and she was in fault in porting her helm. That the libellant could recover her damages against both vessels. That the libellant was not within the provisions of the Sunday law of the State of New York (1 Rev. Stat., part 1, chap. 20, title 8, art. 8, sec. 70). That if she had been, it would be no defence to her right of recovery. That, on the evidence, the libellant was entitled to recover the expenses to which she had been put in consequence of the injury, including the value of some care and service which was gratuitously bestowed on her. That she was also entitled to recover, for the injury, the damages consequent on her not being able to earn so much after it as before, and also compensation for the pain and mental distress suffered by her, but nothing for exemplary or punitive damages. Decree for libellant for $10,000, one-half to be paid by each vessel. * * This decision was affirmed by the Circuit Court, on appeal, in October, 1868, with such modification as is shown by the following decree made in the cause by the Circuit Court: "This cause having been heard, on the pleadings and proofs, on the appeals of the New Jersey Railroad and Transportation Company, the claimants and owners of the steam ferryboat D. S. Gregory, and of William Meyers, Egbert Meyers, Jacob Meyers, and Michael Sherman, claimants and owners of the steamboat George Washington, from the decree of the District Court of the United States for the Southern District of New York, made on the 18th day of March, 1868, and having been argued by the advocates for the respective parties, and due deliberation having been had thereon; it is now ordered, adjudged, and decreed, that the said decree of the said District Court be, and the same is hereby affirmed; and it is further ordered, adjudged, and decreed, that the libellant Ann Cavan recover from the steam ferryboat D. S. Gregory, her engines, tackle, &c., or her said claimants, and the steamboat George Washington, The Ferryboat D. S. Gregory and The Steamboat George Washington. On the morning of Sunday, the 16th of September, 1866, the steam ferryboat D. S. Gregory, a vessel belonging to the New Jersey Railroad and Transportation Company, and plying regularly across the Hudson River, as a ferryboat, from a slip at the foot of Montgomery street, in Jersey City, in the State of New Jersey, to a slip at the foot of Desbrosses street, in the city of New York, left her slip on the New Jersey side, about twenty min her engines, tackle, &c., or her said claimants, the sum of ten thousand dollars, the amount of the damages decreed to her by the decree of the said District Court, together with three hundred and ninety-eight dollars and six cents, her costs, as taxed in said District Court, in all amounting to the sum of ten thousand three hundred and ninety-eight dollars and six cents, adjudged to the said libellant by said decree of said District Court; and it is further ordered, adjudged, and decreed, that the said libellant recover of said steam ferryboat D. S. Gregory, her engines, tackle, &c., or of her said claimants, and of the steamboat George Washington, her engines, tackle, &c., or her said claimants, interest on the amount of said damages and costs, so adjudged by said decree of said District Court, from March 18th, 1868, the date of said decree in the said District Court, to the date of the entry of this decree, amounting to the sum of three hundred and ninetyeight dollars and sixty cents, together with the costs on the appeal to this Court, taxed at two hundred and forty-one dollars and thirty cents, for all of which said damages, costs and interest adjudged to said libellant, amounting, in the aggregate, to the sum of eleven thousand and thirty-seven dollars and ninety-six cents, it is hereby adjudged and decreed, that the respective claimants of each vessel shall be held and are responsible to said libellant; and it is further ordered, adjudged, and decreed, that, as between the claimants of the respective vessels, the said amount of damages, interest and costs, and accruing interest and charges, be equally apportioned and paid between and by the said steam ferryboat D. S. Gregory, her engines, tackle, &c., or her said claimants, and the said steamboat George Washington, or her said claimants; and it is further ordered, adjudged, and decreed, that, on the payment by the claimants of either vessel of one-half of the said amount of damages, costs and interest, with accruing interest and charges thereon, the proceedings of the libellant be stayed as to such vessel and her claimants, for the collection of the residue, until the return by the marshal of an execution unsatisfied against the claimants of the other vessel, for the other half part of said amount, or until it shall otherwise appear that the said libellant is unable to enforce or collect the other half part of said amount of damages, costs and interest, with accruing interest and charges, against the claimants of the other vessel, by process from this Court; and any of the parties are to be at liberty to apply to this Court, if occasion shall require, touching the enforcement of the decree." The Ferryboat D. S. Gregory and The Steamboat George Washington. utes past 10 o'clock A. M., with the libellant, Ann Cavan, on board, as a passenger, bound for her slip on the New York side. The libellant was on her way to New York to attend church. She took her seat on the right-hand side of the ladies' cabin, in the forward part of the same, toward the end nearest to New York, the ladies' cabin being on the port side of the boat, and the libellant's face being to the northward, and her right side to the eastward. Her back was thus toward the solid partition which separated the ladies' cabin from the portion of the boat occupied by wheeled vehicles. When the D. S. Gregory had reached a point within about two hundred yards of the entrance to her slip on the New York side, and was off pier 39, which forms the lower side of the slip, a collision occurred between her and the steamboat George Washington. The stem of the George Washington struck the port side of the D. S. Gregory about ten feet from what was then the easterly end of the ladies' cabin, and nearly opposite where the libellant sat, with such force as to go entirely through the width of the cabin, up to and through the partition before mentioned, and nearly up to the body of the vessel below, the cabin being built up upon the guard. The libellant was driven by the blow through the partition and thrown upon the deck, and buried under the wreck of crushed timbers and planks. She was very much bruised and cut, her right leg was broken in three several places, and her left leg was broken in one place. The libel alleged that the collision was caused by negligence and want of skill on the part of each vessel, and by their joint negligence and fault, and averred that each was in fault in not stopping and backing in season, after it became apparent that there was risk of collision from continuing on their respective courses, or in not keeping a good lookout, or other fault or mismanagement, and claimed damages from both vessels, or from either, to the amount of $10,000. The answer of the D. S. Gregory was, in substance, The Ferryboat D. S. Gregory and The Steamboat George Washington. that, after she left her slip at Jersey City, she proceeded in a northeasterly direction, on her accustomed route, toward her New York slip; that, while on her passage, her pilot discovered the George Washington approaching and coming down the river in a southerly course, the George Washington then being about six hundred yards off; that, when the D. S. Gregory was about five hundred yards off from the George Washington, and about the same distance from the New York slip, the pilot of the D. S. Gregory gave, as a signal, one short distinct blast of the steam whistle, indicating his intention to port his helm and pass to the right of the George Washington; that, at the same time he gave the signal, he ported his helm, with the expectation that the George Washington would port her helm and pass to the right of the D. S. Gregory, in accordance with the signal long established by the laws of navigation; that said signal was loud and distinct, sufficient to be heard on board of the George Washington, but the pilot of the George Washington entirely disregarded said signal, and continued his course in the same direction and at the same rate of speed, which was about twelve miles an hour; that thereafter, and when the George Washington had approached to within about three hundred yards of the D. S. Gregory, said signal of one short distinct blast of the steam whistle was again given, and again disregarded by the George Washington; that thereupon the D. S. Gregory stopped her engine, her speed being then about seven miles an hour; that the George Washington, in total disregard of the signals so given by the D. S. Gregory, continued her course without the slightest perceptible deviation, approaching the D. S. Gregory, the latter having, by means of porting her helm, changed her course more eastwardly; that the George Washington did not change her course at all, and did not stop her engine or moderate her speed until within fifteen or twenty yards of the D. S. Gregory, and then, with her speed but little, if any, |