Page:Federal Reporter, 1st Series, Volume 4.djvu/267

 OBEEKMAN 17. BTEIM-BOAT KABBAOANSETT. 253 �City Point, and it must have been obvions if those on the City Point watched her, that she was in motion and not lying still at the dock. They had a full view of her bow and of her port side, aft, as far as her pilot-house, and they could see that she was moving out, even if they had f ailed to notice the starting whistle which was notice to them that she was about to start her engines. The master of the City Point yiaa also perfectly familiar with the starting time of the Narragansett, which was 5 o'clock, and he knew that she was already late. It was a violation of a positive rule of navigation, therefore, for the City Point not to give way and allow the Narragan- sett to proceed. Instead of giving two whistles, which sbowed her purpose to go across the bows of the Narragansett, she should have slowed up, and, if necessary, stopped till the Narragansett had gone by. By giving the double whistle she forced the Narragansett to stop and back, which was then the only means of avoiding a collision. �The Narragansett did her utmost, by stoppîng and backing, to prevent a collision, and if the City Point had done the same, upon finding that there was a disagreement in the sig- nais, there would have been no collision. It is claimed on the part of the City Point that she was unable to avoid a collision by stopping and backing ; that she had neither time nor space to stop her headway. There is no foundation for this claim. Upon the evidence, she could be stopped in two or three of her lengths, and there is no proof of a wind or tide just at that time and place seriously increasing the diffi- oulty in stopping her. As to the wind, it was not suffioiently strong materially to affect the navigation of the vessels. As to the tide, the testimony of the witnesses is irreconcil- able. The almanac shows that the flood tide had been run- ning an hour and a half, but I think the weight of the testi- mony is that in that part of the river there was, at that time, no carrent up stream. It was shown that the debris from the wreck floated out a little way into the river, but remained subsequently stationary for 15 or 20 minutes. Bat even if the tide was running flood, as claimed, the testimony will not wax< ����