Page:Federal Reporter, 1st Series, Volume 3.djvu/422

 FOSSÎTH V. 8CH00KBB OEOBOB A. BSANDBBTH. 115 �JBrandreth, The Earle was laden with flagging stones, and the Brandreth with brick, and they were both bound up th© East river, on the 'af temoon of May 28, 1877. The tide was strong ebb, and the wind was about south — a three to four knot breeze. The case made by the libel is briefly this : That the Brandreth was ahead, and had reached a point in tho river about ofE Jackson street pier, very near to the New York shore, where she hung, struggling with the tide, making very little or no headway ; that she had her main boom broad ofif on her port side, and her jib and foresail trimmed in; that the Earle went up through the eddy between the Brandreth and the shore tUl she also struck the tide, and both vessels hung there, making no headway because of the tide, the Brandreth being a little ahead; that while they were in this position a breeze sprung up, and those on board of the Bran- dreth carelessly permittei ,her head to swing off towards the Earle, and she came on, striking the Earle and forcing her against Jackson street pier with such violence as to break in her port bow, damaging her to the estent of |200. �The falults alleged against the Brandreth are the not hav- ing her main boom properly trimmed in, not cheeking prompt- ly her sheer towards the Earle — permitting her to run into the Earle — and not changing her course, and not keeping a proper lookout. The case attempted to be proved dift'ers from the case alleged, in that it does not include or depend upon any sudden change of wind. The libellant has under- taken to show that after the Earle had partly gone by the Brandreth, and had then fallen back because the sails of the Brandreth took the wind out of her sails, the Brandreth crowded in upon the course of the Earle, bringing her port quarter up to and in contact with the starboard bow of the Earle, although to avoid her the Earle feU off as far as she could, and thus both vessels were pushed in against the pier, whereby the Earle suffered the alleged injury. �On the part of the claimant it has been attempted to show that there was no such crowding; that after the Earle fell back, finding that she could not pass inside of the Brandreth, ����