Page:Federal Reporter, 1st Series, Volume 2.djvu/930

 APPLEBÏ V. BARK KATB lEVISa. 923 �fihe struck one of the buoys, yet that the tug passed so near them that, as the captain of the steamer says, he "could have nearly jumped on to the tug from the steamer's bridge." The pilot hiniself testifies that when they collided with the bark the steamer's bow was only about 30 feet from the line of the buoys on the northernmost side of the channel. �These statements show conclusively that the pilot and cap- tain of the steamer could not have regarded the channel as clear, and as, according to their own testimony, they saw that the tug and tow were on the extreme northem edge of the channel, they knew that there was no possibility of them pass- ing in safety unless the tug and tow suceeeded iii getting out of the way. The pilot gives the situation, as it appeared to him, when he says "that he had no apprehension of danger until he found that the bark was not getting out of the way sufficiently to give Mm room to pass." It is true that vessels meeting each other end on, at a considerable distance from each other and with plenty of sea-room, have a right to pro- ceed at full speed, each having a right to act upon the assumption that the other will perform its duty. But this ruleis not applicable to the navigation of theBrewerton chan- nel by large vessels, of heavy draft, and I think it plainly appears that the rule with regard to speed, which the testi- mony of the pilots, who were examined as experts, shows has been generally adopted by them, is, in so narrow a water, only a reasonable and necessary precaution against danger. �It appears to me, however, from the testimony, that the cap- tain and pilot of the steamer are somewhat mistaken in sup- posing that the tug and bark had not suceeeded in getting further from the north edge of the channel than they repre- sent in their evidence. It would seem that there was another cause which contributed to bring the vessels into collision, and which they underestimate. This cause was the faot that about the time the tug passed the steamer, which was also nearly about the same time that the steamer ran on to the buoy, the steamer took a decided sheer to port away from Jthe north side of the channel and headed for the bow of the bark, and at quite an angle with the direction of the buoys. ����