Nickerson v. Merchants' Steam-Ship Co.

12 F. 352

Opinion

Mr. Chief Justice Waite

delivered the opinion, affirming the motion to dismiss the case.

Where the only question presented arises on the findings of fact, and from these it appears that the collision "was due solely to an unjustifiable change of course of the schooner when the vessels were in close proximity, which baffled the steamer in her efforts to pass in safety, the steamer is not liable for the consequences.