Page:Federal Reporter, 1st Series, Volume 2.djvu/913

 906 FEDBKAL EEPOBTEB. �away from the New York shore, the red and green liglits of the steam-boat were observed, the steam-boat then running at a greater rate of speed than 10 miles an hour, and not near the center of the river; that the steam-boat was then heading for the sloop in such a manner as to render it probable that she was going under her stem, when she suddenly and with- out notice made a rank sheer to starboard across the bows of the sloop; that the sloop held her course, and that by thus running across the bows of the sloop the steam-boat hit the bowsprit and bow of the sloop with the port paddle-box, or gnard of the steam-boat, the wheel being still in motion, whereby the bowsprit of the sloop was taken out of her, her wood ends were bursted open, her mast sprung, her bows crushed in, and other damage done. It is further charged that the collision was occasioned solely by the fault and negligence of the persons managing said steam-boat in that, among other things, she was not running near the center of the river, but near the New York shore ; that she was ran- ning at a higher rate of speed than is allowed by the statutes of the state of New York ; that she did not discover said sloop in time to avoid her, and did not see her red light; that she attempted to pass across the bows of the sloop instead of under her stern, and that she did not stop in time to avoid the collision. �The pleadings on the part of the steam-boat allege that she proceeded up the river about one-third of the distance across from the New York shore ; that when she arrived at about opposite pier 45, East river, the green light of the sloop was suddenly seen, a short distance on the port side of the steam- boat, the sloop being on the starboard tack and heading for about the forward port gangway of the steam-boat; that the sloop had no red light on the port side; that the sloop was seen by those on board of, and in charge of, the steam-boat as soon as she exhibited her green light, but said vessels were then so near each other that ail that could be done by those on board the steam-boat was to port her wheel and sheer towards the Brooklyn shore, whioh was immediately done, and a long, loud blast of her whistle was sounded; that from that ����