Page:Federal Reporter, 1st Series, Volume 1.djvu/626

 Ô18 FEDERAL REPORTER. �to-w-path side. They corroborate the wheelsman of the City of Syracuse on this point, describing her as steering wildly, heading towards the tow-path. �It is not at ail improbable that, with such a violent wind and the boat only half loaded, as she was, and having a very sharp bow, she should yaw and dive somewhat, even if the witneBses from the City of Milwaukee are right that in the main she followed well. �The position and nature of the blow tend strongly to indi- cate that at the moment of the collision she was headed more towards the tow-path side, or, at any rate, less towards the other side than the City of Milwaukee — in fact, on a dive, as the witnesses call it, in the direction of the Gibson ; and there is nothing in the case to make this so improbable as to warrant the inference that, from the position of the blow, and the relative positions of the two steamboats, the Gibson was then out of her proper place. �I have given little importance to alleged admissions on either side after the accident. There is evidence that the libellant, in conversation, said the other boats were not to blame, and that the master of the City of Milwaukee said it was unavoidable; but, besides this evidence being contra- dicted, such circumstances are of no importance where the facts are so plainly proved as in this case. �The libellant was insured, and has apparently no interest in the suit. Being insured he was less likely to complain of the other party, and in talking of the character of the weathei and the furious wind he may well have said something that the witnesses understood to mean that he did not blame the other boats. Such evidence is generally worthless, and of ne weight, oonsidering the great uncertainty and inexactness in the report of conversations j'ears after they take place. �The cause of the collision was the carelessness of those ir charge of the claimants' boats in not sheering out in time. and keeping out of the way of the Gibson ; in not proceed- ing 80 slowly and carefully that they could do so after ooming în sight of her. ��� �