Page:Federal Reporter, 1st Series, Volume 3.djvu/934

 CARTES :V. STEAM-BOAT MORRISAITU. 927 �pïoeeeding by wind and tide, the Morrisania could have gone fthead of the schooner without risk of collision. Prooeed- ing as the schooner was, it was not possible for the Morris- ania to cross her bows in safety, nor was it possible in that locality, with a flood tide, for the steam-boat to stop after she had cause to suspect that the schooner was moving by steam, and before she reached the schooner. �From these faots the conclusion. follows that the collision was not caused by any fault on the part of the Morrisania. The schooner was at Hell Gate in a flood tide, with sails up. The locality was dangerous. The Morrisania was upon a well-known course, which crossed the course the schooner was taking. Schooners pass the gate sometimes by wind aûd tide, and sometimes they are towed. The schooner's red light was seen in lime by the Morrisania, and she was then entitled, upon inquiry, to be informed whether the Bchooner was proceeding by wind and tide, or by steam. That inquiry was put by the two whistles blown on the Mor- risania. Eeceiving no signal in return was, under the cir- cumstances, equivalent to an answer that the schooner was proceeding by wind and tide. The Morrisania had the right to presume that, if a tug was towing the schooner, the signal given by the Morrisania would be replied to. When no reply was received she was justified in assuming that the schooner was proceeding by wind and tide. �Under such circumstanees it was no fault in the Morrisa- nia to attempt to pass ahead of the sailing vessel. The fault that caused the collision was the omission to reply to the sig- nais which the Morrisania gave, in time, for it oannot be doubted that if these signais had been replied to by the tug the collision would not have oecurred. The case is not that of a steamer pressing on while in doubt. The schooner's light was in plain sight and the schooner within easy hear- ing distance. The signais were loudly blown on the Morris- ania, and the lights were plainly visible to the schooner. When, under such circumstanees, no reply was made to her signais, the Morrisania was not called on to doubt, but waa ����