Page:Federal Reporter, 1st Series, Volume 10.djvu/698

 €S6 FEDERAL REPORTER. �believe that if at that time, and even after, the Scotia had taken a course to the windward of the tug, the two boats could have passed each other without difficulty. But it is evident that the state of the atmosphere, the course of the wind, and the darkness of the night rendered navigation at that point somewhat diificult; and, if this were the sole point in the case, I should be disinclined to hold the Scotia at fault in taking a course on the island side of the channel; but, in the light of other facts in the case, I am of the opinion that ehe must be held responsible for the collision. �It cannot be well denied that both the master and mate of the Scotia knew, or should have known, when they saw the two white lights of the tug, that she was a craft with a tow ; and it is somewhat Burprising that they did not sooner discover that they were the lights of a moving boat. That such was the fact, does not, however, seem to have been known until the tug and the propeller were very near each other ; so near that the master of the Scotia could see the steam escapiiig from the tug. It is true that the raft could not yet be seen, and it is also true that the Scotia was moving ahead with checked speed; but as the lights of the tug were seen when about two miles away, and as those lights were steadily approaching, and clearly indi- cated that the tug had a tow of some character, there may be ground for doubt whether, in view of the responsibility which the circum- Btances cast upon the propeller, those in charge of her took such pre- cautions as were required, with due promptness. �Whether, as a proper precaution, the Scotia should have stopped and laid to as soon as the fact must have been discoverable that the lights of the tug were on a moving boat with a tow, or not, I am satisfied that in some of the subsequent maneuvers of the Scotia she was in fault. And, first, I do not think the facts and circumstanees developed by the testimony establish the claim that the Thayer was dragged down upon the Scotia by the raft, and that the collision was occasioned thereby. It is true that the Thayer was dragged some distance down the river, and at least as far as the vessel that had been lying about 60 feet astern of her. But the principal witnesses for the libellant, who were on board the Thayer, testify positively that the raft was free from. the vessel and had passed down the river, and that the Thayer was stationary when the collision occurred ; and as they were on the deck of the vessel watching closely the move- ments of both the raft and vessel, they certainly had muoh better opportunity for observing, just when the two became diflentangled, than had the master and mate of the Scotia, who were spme;distance ��� �