Page:Federal Reporter, 1st Series, Volume 4.djvu/269

 OBEEHMAN V. 6TBAM-B0AT IIABIU.aaÏISETT. 25& �a man posted on the end of the pier who would have an un- obstructed view up and down the river, to give warning before she started of any approaching vessel, or a man on top of the •wheel-house, from which point an unobstructed view could be had down the river over the shed on pier 31. It may be that a case may arise where a steam-boat going ont as the Narraganeett does, as ehe blows her starting whistle, may not by this signal give a sufficiently timely warning to a vessel that happens to be very near and approaching from above or from below close into the piers and under cover of the shed, so as to enable the approaching vessel to avoid her after hearing the starting whistle. And it is possible that in Buch a case it may be held negligence not to have taken precautions to see the vessel approaching; but that is not this case. The starting whistle was notice to the City Point that she was just starting to corne out, and when she came ont and made the City Point there was ample time and space for the vessels to avoid each other by observing the ordinary rules of navigation. The only danger of collision, then, was from the violation of these rules on the part of the City Point. The failure of the Narragansett to see her had not involved the vessels in any risk of collision, and, if her position had been clearly understood when the Narraganset was ready to start, I see no reason why she should not have corne out just as she did ; her signal to the City Point was timely and proper, There was no occasion for the lookout on her bow to report the City Point. She was not near enough before the Narragansett signaUed her to suggest any danger, and, by the rules, she was required to keep out of the way. The second mate was temporarily on the lookout, waiting for another of the ship's company to take that post. He did not think a report necessary, and I ara not able to say that there was, in this omission, any fault which caused or contributed to cause this collision. �The proof is that the piers between piers 21 and 83, and above, are steam-boat and ferry piers, to and from which steam- boats are constantly passing; that several of the sound steam-boats go out about the hour the City Point was ����