Page:Federal Reporter, 1st Series, Volume 5.djvu/386

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S7e rBDBBAIi BBPOBTEB. �Ansioer. Supposing two steam-vessels, such as are described in this interrogatory, to be placed as therein stated, with the tide flood, — the upward bound would have the right of way, and the other must keep off. (a) The width of channel for the former vessel, with the tide as stated, wonld be about 375 yarfis. Drawing 21 feet, and running with the current, she should have 24 feet to give her any practicable command over her course. For the smaller vessel the channel would be considerably wider. (b) While they might, with great care, pass each other opposite the shoal, prudence would require the downward-bound vessel to stop, some distance above, until the other had passed the buoy and straightened up. (c) If the downward-bound did not stop she would take upon herself the risk of attempting to pass, and would have to keep over to the eastern side of the channel. (d) The reasons why the upward-bound vessel should have the right of way, and the other should stop or pass to the eastward, are as follows : The channel, for the distance of a mile or more below the buoy to nearly a like distance above, is round- ing, being shaped like a broad horseshoe, with the toe pointing north-eastward. The tide when running up, sweeps across, and washes over the Jersey flats. A vessel deep in the water, and going with the tide, tends constantly and strongly, at thia point, to the eastern shore, and, without considerable care, is in danger of going upon the flats. Her rudder, with such a tide, affprds but a limited command over her course. She could not probably make precisely the same course twice out of a dozen trials. She cannot stop until around without serious risk. (e) Her safety therefore requires that she shall proceed, and endeavor to hug the western side of the channel, so as to resist the tendei^cy of the tide to carry her beyond deep water, eastward. And this endeavor cannot, safely, be relaxed until the vessel is a short distance above the buoy. The wheel should then be changed to port to straighten the vessel up. The sheer will not be broken, however, under the circumstances stated, before the vessel has run her length, or more. She will therefore be, probably, 200 yards above and westward of the buoy, when she straightens. ����