Page:Federal Reporter, 1st Series, Volume 3.djvu/933

 026 TEDEBAL BI..OBTEB. �Scudder a Carter, for libellants. �T. G. Cronin, for respondents. �Benedict, D. J. This action is brought by the owners of the Bchooner Jennie M. Carter to recover of the steam-boat Mor- risania the damages caused by a collision between those two vessels that occurred at Hell Gate on the twenty-first day of December, 1870, �The following facts are either undisputed or proved by the weight of the evidence : The time of the collision was early in the morning, while it was still dark. The place of the col- lision -was just below Flood rock, and about midway between Flood rock and the Long Island shore. The tide was flood, and the wind was light. The Morrisania was a passenger steam-boat, proceeding upon her regular trip from Harlem to New York, touching at One Hundred and Nineteenth street, and at Astoria dock. At the time of the collision she was Cross- ing the river from One Hundred and Nineteenth street to Asto- ria dock. The schooner was proceeding towards the Sound in tow of the tug Trojan, running at a speed of from five to six knots per hour. The tug was on the starboard side of the Bchooner, and aft. The spanker of the schooner was set, and her mainsaU partly up, being in the act of hoisting it, so that the tug was not visible to one approaching from the port. The schooner's red light was seen by those in charge of the Morrisania when the steam-boat was in the neighborhood of Little Mill rock; but there was nothing then visible to the Morrisania to enable her to determine whether the schooner was _5roceeding by wind and tide or by steam. Two whistles were then blown to her from the Morrisania, and the boat elowed. No answer to the signais being received by the Mor- risania, she started again, upon the supposition that the schooner was proceeding by wind and tide, and with the intention of crossing ahead of the schooner. As the vessels approached near to each other the schooner was discovered to be proceeding by steam, but it was then too late to avoid collision. The Morrisania succeeded in getting part way across the course of the schooner, when she was struck by the schooner in the starboard wheel. If the schooner had been ����