Page:Federal Reporter, 1st Series, Volume 1.djvu/739

 AKDtJS V. STEAMBOAT SAEATOaA. 731 �below the lower bridge at Albany, the steamboat Saratoga, a large passenger boat, about 300 feet long and 66 feet wide, bound froui Troy to New York, was following nearly asteru of the tow, being just below the bridge, but having the tow a little on her port bow. ïhe speed of the Saratoga waa about six and a half miles an hour, so that sbe was rapidly over- taking the tow. Wben she got within about 300 yards of the stern of the tow her pilot determined to pass on the eastward aide of the tow — that is, between the tow and the dike, along which the tow was stiil passing — and he blew two whistles, to indicate to the pilot of the tow that sucb was bis intention. To this signal be got no reply from the tow, but he kept on, putting bis wheel to starboard. �The principal question of fact in the case is whether there ■was room between the tow and the dike, wben the Saratoga made this movement, to justify her in attempting to pass on that side of the tow. The witnesses from the tow, except the pilot of the tug, put the distance at 20 to 30 feet, the pilot of the tug at 50 to 75 feet, and the captain, pilot and wbeelsman, of the Saratoga at 80 to 100 feet. I am satisfied that the witnesses from the canal boats bave underestimated the dis- tance, and that the Saratoga would not bave attempted thia maneuver if the tow bad been within 20 to 30 feet, for it was evident that her pilot could not bave expected the tow to get ont of the way after be gave the signal and starboarded to get on the eastward side of her; but, on the other hand, it is evident from the testimony of those from the Saratoga that ■wben sbe got up as sbe did, lapping the stern boat in the tow by about 40 feet, they found it impossible to clear the tow and pass between her and the dike. �Tbe starboard guard of the Saratoga actually came in con- tact with the stern boat of the tow, while sbe was thus lapping and backing her engine to get berself out of the way. The witnesses from the Saratoga attempt to explain this by testi- fying that while sbe was tjius lying still in the water, with her engine reversed, the tow sagged down with the wind some 40 feet against the Saratoga. This theory bas no support except in the imagination of these witnesses. The ,proof is ��� �