Page:Federal Reporter, 1st Series, Volume 4.djvu/268

 S51 FEDERAL REPOSTKB. �rant the conclusion that the City Point could ûot be stopped "within the distance that she was from the Narragansett. The testimony that she could not be stopped is based mainly on the theorythat she was up to pier 30, which, as shown above, is nnfounded. There is a suggestion in the evidence that she was peculiarly hard to handle and diffieult to stop. While this is not proved to the extent of showing that she could not be stopped in three times her length, it would not help her case if it were shown ; since, if she was so exceptionally hard to stop, it was very imprudent and unsafe for her to run at fuU speeJ so nearthe docks, where she was almost certain to be brought into a position at any minute requiring her to stop suddenly on aceount of something coming out from between the piers and crossing her course. �It follows, therefore, that the Narragansett was not in fault for giving the single whistle, or for keeping on her course till she received the conflicting signal from the City Point; that the City Point was in fault in giving that signal and in not giving way to the Narragansett, and in not stopping and, if necessary, backing, to avoid the Narragansett, upon discover- ing her and receiving her signal. After receiving the signal of the City Point the Narragansett did ail she could to avoid the collision or diminish its dangers. Her conduct in this respect was in striking contrast to that of the City Point. The City Point could have avoided the collision either by stopping and backing, or by throwing her wheel instantly hard a-starboard, neither of which she did. Just before the vessels came together the Narragansett gave anolher single whistle. The collision was then inevitable. The signal was not called for by the situation, but it did neither good nor harm. It is stated in the answer that this whistle immedi- ately foUowed the double whistle of .the City Point, but the proof is that it was later, and ]ust before the vessels struck. I do not see that it bas any material beariag on the contro- versy. �It is claimed that the Narragansett was in fault in not sooner discovering the City Point; that she should bave had ����