Page:Federal Reporter, 1st Series, Volume 1.djvu/623

 MALONY V. CITY OF MILWAUKBB. 615 �as they were going, -waa to port or the lef t hand ; and it i3 clear that the City of Milwaukee starboarded in order to get into that situation. They ail kept on without slacken- ing speed. Meanwhile the Gibson, if before she had been in the middle of the canal, had hauled over to the tow-path side. The Gibson and the City of Milwaukee passed each other safely, but very close, the evidence being that they riibbed together, at one point at least. The allegation of ,the libel is that the two steamboats did not keep their own side, but crowded the Gibson against the tow-path side, and, after the City of Milwaukee passed, the City of Syracuse, being still on the tow-path side and badly steered, ran against the bow of the Gibson on the starboard side, breaking her in so that she immediately sunk. �The allegation of the answpr is that as the Gibson passed by the stern of the City of Milwaukee she took a sudden sheer from the tow-path side towards the berme bank side, and thus threw herself in the way of the City of Syracuse, which was properly proceeding well over on the berme bank side. �The testimony is that the steersman pf the Gibson was alarmed before the bow of the City of Milwaukee came up to his bow, by the way she was coming, threatening to run into him. His alarm was so great at the situation that he shouted out to the people on the boat, who were below at supper, that a boat was running into them and they would be sunk. That the City of Milwaukee was in his way and had not yet hauled safely over to her own side of the canal, appears also clearly from the testimony of her master and wheelsman that, from the time they saw the light, they kept a starboard wheel till her bow lapped the Gibson 40 feet, when it became necessary to throw her wheel the other way in order that her stem might clear the stern of the Gibson. �It is clear from this that the City of Milwaukee, towing the City of Syracuse after her on a hawser, was crossiug from the middle of the canal, or from further towards the tow-path side, over towards the berme bank, on an angle. If, as is clear, while in this position, the City of Milwaukee was obligea ��� �