Page:Federal Reporter, 1st Series, Volume 3.djvu/408

 DOCaHEBTT V. STEAUBB FBANOONU. 401 �ments of the problem, and the argument overlooks, as it seems to me, Bome important facts. The vessels were ap- proaching each other àt the rate of a quarter of a mile — 1,320 f eet — ^in a minute and a quarter. The tug ohanged her course at least four points. Of course, the change would be very graduai at first, especially -with the tow she had, The dis- tance between their respective courses is not certainly known. It is a mere judgment of the witnesses, partaking very much of the nature of a conjecture, aided by their recollection or present impression of the bearing of the red light on their bow, and of their estimate of its distance. �The tide being with the tug, her absolute motion was more rapid than that of the steamer in the ratio of seven to five, or thereabouts. I think it is by no means improbable upon the evidence, therefore, that the tug run 770 feet, her proportion of the quarter of a mile, before she had changed her course four points and reached the line of the steamer. Moreover, the testimony is strong that there was a considerable inter- val between the two signais from the tug; that during that time she was on the swing ; and I think this is confirmed by the fact that those on the steamer testify distinctly that the whistle they heard was after the tug showed them her green light. Considering the short distance at which she then was, and her bearing, as testified to by these same witnesses, it is evident that the tug had already swung under her starboard helm a large part of the four points she had to swing. The testimony of the man in charge of the tug as to distances is, I think, particularly unreliable. He makes ail hia distances very short. His testimony in this respect is controlled and oorrected by the other testimony. �Upon this state of the facts it is quite evident, and it is not disputed, that the tug was grossly in fault. Having the steamer on her port hand, so that if both kept on they would pasa at a safe distance, she had no right, at the short distance of a quarter of a mile or less, to attempt to cross the bow of the steamer ; at any rate, without receiving a concurring signal in reply to her first two whistles. She was in fault in chang- �T.3,no.7— 26 ����