Page:Federal Reporter, 1st Series, Volume 3.djvu/551

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54e FEDERAL REFOBTE&. �The men of the ship-yard hallooed at her, and the steam-tug blew its whistle as a warning, but it was too late to prevent the collision. And the court finds the fact to be that there was not sufficient caution upon the part of respondents, and that the collision was occasioned by their negligence; that when a ship-builder is about to launch a vessel, and shoot her with the rapidity of a cannon bail across a crowded har- bor, as that is an extraordinary and unusual proceeding, he is required to take extraordinary care, and exercise the high- est caution, to prevent damage to those who are navigating that harbor. If the steam-tug, in this instance, had been steaming about to notify sailing vessels not to cross the prob- able line the Arbutus would take when she was launohed, there would have been no likelihood of a collision. �The court finds that the law, as applicable to the facts proved, is that when a collision occurs solely by the fault of a party, he alone must bear the loss and be responsible for the damages which occur. A decree will be passed in ao- cordance herewith. ����