Page:Federal Reporter, 1st Series, Volume 4.djvu/270

 256 VBDEBAL BSPOBTBB. �coming up that afternoon. Considering the use of these piers, and the great number of steam-boats going in and ont» it was imprudent and reckless navigation for the City Point to run at bo great a speed eo near the line of the piers. A etatute of New York is referred to prohibiting vessels from running along the piers on the East river at a speed exceed- ing 10 miles an hour, as if this justified the City Point in the speed she kept up. But imposing a penalty for exceeding 10 miles by no means makes any less speed prudent. The speed must be regulated by the dangers attending the navigation under the particular eircumstances of the case. There was no reason for the City Point keeping so close to the piers except her own convenienee to make the shortest run to her next landing. If she chose to go so close in, she was bound to proceed with the more caution, and in such a way that she could check her headway easUy, for she was constantly liable to have her course crossed by other vessels proceeding slowly out of the docks and on her starboard hand. �Upon the whole case, it is clear that the collision was caused solely by the gross carelessness and mismanagement of those in charge of the City Point. �Libel dismissed, with costs. ����