District Court, D. Massachusetts November 15, 1868 (The Richard R. Higgins)

LOWELL, District Judge.

There can be no doubt that it was the duty of the libel-lant's vessel with the wind aft, to avoid the close-hauled vessel; and that it was equally the duty of the latter to keep her course; and as she did not keep it, the only question is whether there was any thing in the circumstances which justified her departure from the usual rule.