Page:Federal Reporter, 1st Series, Volume 2.djvu/931

 924 FEDEEAIi REPOBTEB. �What it was that caused this sheer the testimony does not satisîactorily establish. It may have been bad steering in ihe attempt to steady the ship on her course af ter she rau on to the buoy, under the excitement of apprehension that she was in danger of grounding, or it may have resulted from a tendency which some of the witnesses say vesseis have to eheer off when approaohing shallow water. �That the steamer did make such a sheer is satisfactorily established, not only by the direct testimony of those on board of the tug and bark, but also by the facts and admissions contained in the testimony of those on the steamer. These latter testify that they had the helm hard a -port when the steamer was 300 or 400 yards from the tug; that eveu after she ran on to the buoy her helm was never put to starboard, and it also appears that when the steamer was abreast of tho tug the captain and pilot were assisting the two wheelsmeu in the attempt to get the wheel still more to port. So that it seems evident that if the steamer had not taken a sheer she must certainly, under a hard a-port helm, bave run outside of the buoys. One great danger of a high rate of speed is the short time allowed in which to rectify any error of judgment or eounteract any unexpected occurrence ; and, whatever may have been the cause of the sheer, no collision would probably have occurred if a less rate of speed had allowed more time to overcome it or more time for the bark to escape from it. In navigating such a channel allowance must be made for unusual emergencies, and precaution and care must be in- oreased in proportion to the increased risk and diffieulties ; and in this case I have been unable to bring my mind to any other conclusion than that the tug was in fault in delaying until 80 late in getting herself and her tow out of the way of the steamer, and that the steamer was also in fault in main- taining her fuU speed up the channel in the face of such obvi- ons obstructions. The bark appears to have governed her movements in strict conformity to those of the tug, and not to have been in fault. �It therefore results that the whole damage is to be equally borne by the tug and the steamer. �END OF CASES IN VOL. 2 ����