
    MRS. THRUSH’S CASE.
    (14 C. Cls. R., 435;
    not reported in U. S. R.)
    Catharine Thrush et al., owners of the Flight, appellees, v. The United States, appellants.
    
      On the defendants’ Appeal.
    
    
      The schooner Flight collides with the steamer Tallapoosa in Chesapeake Bay and is lost. Congress refer the claim.
    
    The court helorv decides that though a sailing vessel hound down Chesapeake Bay in tho night-time has no lookout and her carelessness therein conduces to a collision with a steam vessel, yet if the steamer he much more in fault in not keeping out of the way, the loss will ho apportioned. Judgment for the claimants. The defendants appeal.
    The judgment of tho court helow is affirmed hy the equal division of the Supreme Court.
    
      
      The 'Reporters' statement of the ease :
   The facts upon which the Supreme Court was divided will be found in 14 C. Cls. R., 435. It will be observed that the court below was likewise divided upon the same facts. The decision of the Supreme Court was announced March 1, 1880.  