U.S. Supreme Court
Rogers v. Steamer St. Charles, 60 U.S. 19 How. 108 108 (1856)
Rogers v. Steamer St. Charles
60 U.S. (19 How.) 108
Where a steamer ran down and sunk a schooner which was at anchor in a dark and rainy night, the schooner was to blame for having no light, which, at the time of collision, had been temporarily removed for the purpose of being cleansed.
But inasmuch as the schooner was in a place much frequented as a harbor in stormy weather, and of which the steamer was chargeable with knowledge, it was the duty of the steamer to slacken her speed on such a night, if not to have avoided the place altogether, which could easily have been done.
The fact that the steamer carried the U.S. mail is no excuse for her proceeding at such a rapid rate.
The case must therefore be remanded to the circuit court to apportion the loss.
Where the decree was for a less sum than two thousand dollars, the appeal must be dismissed for want of jurisdiction.
This was a case of collision under the circumstances stated in the opinion of the Court. chanrobles.com-red