Page:Federal Reporter, 1st Series, Volume 6.djvu/207

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the steam-boat dblawaee. 195 �The Steam-Boat Delawarb. {Distmt Cmtrt, 8. D. New York. January 19, 1881.) Admtraltt — Collision— Ferky-Boat Afproachiwo Slip— Tow— �NBSLIGBNCE— NiNBTBENTH BULB OF NAVIGATION— LIGHT8. '. �Where a steam-tug, with a, tow on her starboard aide, wasimoving slowly down the Hudson river on the Jersey side, a short distance above the Pavouia ferry, about 3 o'clock a. m., the night being cleat' and the weather fine, with lights indicating that she had a tow, and before reaciiLng the ferry noticed the steam ferry-boat p., while on her trip from New York to Jersey City, heading diagonally across and up the river and across the stern of the tow, and not yet having reached that point in her course at which she tumed in towards the ferry-slip, whereupou the tug blew one whistle to the ferry-boat to indicate that she would pass to the right of the D., across her bowsj which signal the ferry-boat did not observe or respond to, but con- tinued on lier course at full gpeed, and turned towards the ferry slip as if to cross the bow of the tug, which was then closely approaching the mouth of the ferry slip, whereupon the tug, observing her move- ments, immediately reversed and backed at full speed, and when tho ferry-boat was about 600 feet from the mouth of the slip she gave to' the tug a signal of two whistles, which the tug did not reply to, but continued to back, and the ferry-boat, continuing on her course ijata the slip without slowing or backing for the tug, but slowing and backing to prevent her striking too violently against the ferry racks, and as she passed the tug came in collision with and injured the canal-boat in tow of the tug: �Held, that the D. was in fault in not noticing and responding to the signal of the tug, in not keeping a good lookout and observing that the tug was proceeding down the river, and in not keeping out of the way of the tug after she brought the tug and tow on her star- board hand. �Hdd, immaterial that the tug was at the time moving very slowly, her movement being such that it could have been observed from the ferry-boat, and her lights showing that she had a toW. �The NarraganseU, 4 Fed. Rbp. 244. �Hdd, also, immaterial that the tug and tow were moving down very near the ends of the piers. �Aleo hdd, that even if the tug was in fault, and if such fault con- tributed to the collision, the owner of the canal-boat could recoTer his full damages against the ferry-boat, �The Atlas, 93 U. S. 302. �In Admiralty. �W. B. Beebe, for libellant. �S. Hanford, for claimant. ��� �