Page:Federal Reporter, 1st Series, Volume 10.djvu/167

 THE BliDB BONNET. 155 �a helm kept somewhat to starboard. The pilot said that he stax- boarded just beforethe collision, until he saw that the Annie was net going to ftlear her; then lie poited to avoid her, about half a minute before the collision, and the collision occurred "just as the Blue Bon- net was inclined to feel the effect of the port wheel;" and he says the Annie ported at the same time he did. The lookout, and one or two other witnesses on the part of the Blue Bonnet, testify that at the time of the collision the Blue Bonnet had corne to a dead stop under reversed engines ; but this is not compatible with other testi* mony, especially with that of the engineer, who testifies that he felt the blow of the collision ; that the signal to stop was not over five seconds previous, and the engine had corne to a stop only two or three seconds before the collision, and was not reversed until they after- wards went up into the canal. �On this view of the testimony, while it is obvions that the Annie is chiefly to blame for the collision, being without encumbrance, under perfect control, and having at least very nearly the whole northerly half of the stream at her disposai, the Blue Bonnet cannot be held without fault. Her tow extended out at least to the middle Une of the river, in a short curveof a narrow stream, towards which the flood •tide was directly setting. The situation was one of evident danger from a vessel approaching with the tide from below, and demanded special caution on the part of the Blue Bonnet as well as the, Annie. The tug and tow might, according to their own testimony, have gone within 30 feet of the southerly shore ; at least 50 feet nearer than, upon the testimony, I feel compelled to find they were going. This alone would have avoided the Annie. The tug might also have ported, or have stopped her engines, earlier than she did, or she might have backed somewhat, if necessary, which she did not do at all. If due watch was kept of the approaching propeller from the time when the exchange of signais was given, when they were half a mile apart. which watch the Blue Bonnet was bound to keep, the dangerousi «ourse of the Annie towards the Blue Bonnet must have been ob- served upon the latter in time to have ported, or stopped her engines earlier than was done ; and a little more promptness in either would also have avoided the collision. Her captain came upon deck a little before the collision and says that he saw at once that the steamers would hit. In such a dangerous bend in a narrow river a tug does not exercise due caution if she cause her tow to occupy unnecessa- ��� �