Page:Federal Reporter, 1st Series, Volume 2.djvu/267

 2(50 FEDERAL REPORTER. �part of the pilot of the George Lysle the disaster woiild havo been averted. �Upon this braneh of the case there is little conflict in the testimony, and I find, without hesitation, that the collision was entirely the resuit of negligence on the part of those in charge of and navigating the George Lysle, and that the Joseph Nixon was wholly free from blame. �By reason of the collision the wheel of the Joseph Nixon vras partially broken, and was so disabled that the boat was unfit to proceed to her destination without stopping to make repairs. Immediately af ter the collision men were set to work to clear away the wheel and put it in condition to turn. While this was going on the boat and her tow floated down the Btream. About the time the wheel was clear and free to move the captain consulted his pilot in respect to the best place to land for repairs, and the pilot recomnîended New Cumberland, Ohio, as a proper place for the purpose. New Cumberland is about 10 miles below the place of collision. Before reaching New Cumberland the tow of the Joseph Nixon got aground at a point in the river about seven miles below the place of collision, called "The Clusters," and in con- sequence the boat was detained there several hours. During the evening of the same day, however, the boat got afloat part of her tow, and proceeded with it to New Cumberland, and there landed and tied up for repairs. Subsequently, and before the boat resumed her voyage to Cincinnati, the rest of the tow was taken off the bar at "The Clusters," without loss. �It is claimed by the respondents that if the Joseph Nixon was in the disabled condition alleged by the libellant, the boat should have landed as soon as possible after the collis- ion ; that there were convenient and suitable places for speedy repairs above "The Clusters," and that it was improper to go so great a distance as New Cumberland before landing. Upon this point the testimony is conflicting. I think, however, that the captain and pilot of the Joseph Nixon were the best judges of what was proper to be done in the emergency which was upon them ; and I am of opinion that the evidence as a whole ����