Page:Federal Reporter, 1st Series, Volume 2.djvu/98

 HOBEN V. STEAMBB WE8T0VEB. 91 �opinion he remarks upon "the growing tendency of the decis- ions of the supreme court towards the expansion of admiralty jurisdiction in this country." �I but foUow in the line of these decisions in holding that the claim of this libellant against the steam ferry-boat P. B. Nimick is cognizable in admiralty. �The motion to quash proceedings and dismiss libel is oyer- niled, and fourteen days allowed within which to file answer. ���HoBEN and others ». Stbameb Westovbb, (District Court, D. Maryland. April 2, 1880.) �CoLusioN— Steamer and Vbssbl— TJncbiitainty as to Course of Ves- BBU — When the lights of a sailing vessel are fluctuating, a steamer must in due time slacken her speed, and if necessary stop and back, and neither proceed nor change her course until the course of the sailing vessel has been ascertained. �In Admiralty. �Mister e Bear, for libellants. �Barton e Wilmer, for claimanta. �MoBRis, D. J. Collision between the schooner Ella Kirkman and the steamer Westover. �The libel alleged that on November 3, 1879, the schooner Ella Kirkman, an oyster p.ungy of 26 68-100 tons, laden with 800 bushels of oysters, was proceeding up the Chesapeake bay, bound for Baltimore, her proper lights burning, the wind blowing hard from north-west, the schooner close hauled on her port tack, steering north-east, making three to four knots an hour, under double reefed mainsail and foresail, and bon- net out of the jib, when between 8 and 9 o'clock p. m., near the mouth of the Patapsco river, about a mile south by east from the seven-foot knoU, the lookout saw the lights of the steamer Westover, coming down the river towards the Echoonor, a mile and a half off ; that the schooner kept her ����