Page:Federal Reporter, 1st Series, Volume 2.djvu/912

 MAGUIRB V. STEAM-BOAT, BTLVAH ÔLEN. 905 �In regard to the second claim, the defendant did not at tîie trial undertake to dispute his liability, or to deny the plain- tiff's right to a decree. Under such circumstances I discover no reason why, in this case, a decree should not go against the defendant for an infringement of the second claim of the patent. ���Maguiee V. The Steam-Boat Sylvan Glen, etc. �The Haelem & New York Navigation Company v. Thh Sloop Maguirb Brothers, etc. �(District Uourt, S. D. Nm Turh. May 26, 1880.} �Coixisioir — BuKDEN OF Pkoop. — The burden is on a steara-boat to clearly prove that the lufflng Of a sloop would have saved a collisioa made imminent by the negligence of such steam-boat. �In Admiralty. �W. W. Goodricli, for sloop. �S. H. Valentine, for steam-boai. �Choate, D. J. These are cross libels to recover damages caused by a collision between the steam-boat Sylvan Glen and the sloop Maguire Brothers, on the evening of November 1, 1878, in the East river, about off pier 41. The steam-boat was on her regular trip to Astoria, having left Peck slip at 10 minutes past 6 o'clock. The sloop was light, bound from Newtown creek to Haverstraw. She was beating down the river, the wind being about west, or ncarly ahead — a fresh breeze. She left the creek about 5 o'clock, and had made several tacks across the river before the collision. The col- lision happened while she was on her starboard tack, stand- ing across from the New York shore to the Brooklyn shore. The tide was strong ebb. �The case made for the sloop in her pleadings is that both her side lights were set and burning brightly; that she ran out her port tack close to the New York shore, and stood about on the starboard tack, and after having gathered head- way and while upon this tack, and when about three length» ����