THE QUARTERLY LAW JOUR NA L. A. B. GUIGON, EDITOR, VOLUME II. J. W. RANDOLPH, PUBLISHER, RICHMOND: MACFARLANE & FERGUSSON, PRINTERS. Saunders et als v. Schooner Hanover. In the District Court of the United States for the Eastern District of Virginia. The general rule in cases of collision is that the vessel proceeding in the cause for indemnification must, in order to obtain a decree in her favor, shew by preponderating evidence, that the other vessel was guilty of negligence or of some misconduct. The onus of proof does not lie on the vessel proceeded against, except when a prima facie case of negligence is made out on the other side. In the United States, it is the law that steamers meeting a sailing vessel whether close hauled or with the wind free, the latter has the right to keep her course, and it is the duty of the steamer to adopt such precautions as will avoid her. In England the rule is that if the sailing vessel has the wind free and meets a steamer, each must put the helm aport. With this exception, the rule in the United States and England is the same. The rule is clear that when two vessels are clearing each other, and there will be any hazard of striking, without a change of course, and one of them is close hauled and the other has the wind fair, it is the duty of the latter to give way, or avoid or get out of the way of the former. General principles in cases where from the courses of vessels, there is danger of collision. The opinion in this case contains a statement of all the material facts necessary to a proper understanding of the case, and the principles decided. Chandler and Sharp for libellants. Macfarland, Crump and Crenshaw for respondents. Judge HALLYBURTON. This action was brought by the owners of the schooner Venus |