Page:Federal Reporter, 1st Series, Volume 3.djvu/404

 DouGHEETT ». Thb Stbambb Fbancokia, etc. �{District CouH, & V. New York. July 27, 18^0.) �1. Collision— Negligence— TuG. — A tug having a steamer on her port hand, se that if they both kept on they wouM pass at a safe distance, at flood tide, at a point where the peculiarities of navigation mad« Jt difficult to pass each other at that time, bas no right, at the distance of a qnarter of a mile or less, to attempt to cross the bow of the steamer, withoùt receiving a concurring signal in reply to her two' whistJes, indicating a change of course. �2.' Same — Same — Stbameb. — It was negligence upon the part of the steamer not to have noticed the whistles of the tug. �3. Same— Same— BuKDBN op Pkoop. — Where a vessel has vlolated a �known rule of navigation, and that violation of duty may have con- tributed to the disaster, the burden is on her to prove that the fault did not contribute to the collision. �4. Same — Same — Innocent Th^rd Party.— In such case an innocent �third party haa the right to recovef his damages against either of the offending vessela, hovfevet ^nequal tfaeir respective faults maij.^TO • been. �E. D. McCar%, for libellant. �W. R. Beebe and F. A.'Wïlcox, for claimant. �Choate, D. J. This is a libel by the owner of the barge Hope, to recover for the loss of the barge and her cargo of coal, She was in tow of the steam -tug George L. Merkle, on a voyage from Jersey City to Port Chester, on the twenty- eixth day of November, 1878. She was lashed to the port BÎde of the tug. OSE Ward's island, in the East river, be- tween 6 and 6 : 30 o'clock in the morning, and about 300 feet from the shore, the tug and tow came into collision with the steamer Franconia, a propeller belonging to the Maine Steam- fihip Company. From the effects of the collision the tug and tow soon after sunk, and became a total loss. This libel was filed against both the Franconia and the tug, charging each with negligence, which caused or contributed to the col- lision. The monition, however, was not served upon the tug, a,nd the suit is proseouted against the steamer alone. ����