Page:Federal Reporter, 1st Series, Volume 4.djvu/353

 OBHAHOVIca V. STEAH-TCa AMSBIOA. 8Bd �'On the first of December, 1877, the America toôk the Be- beeca in tow and proceeded down the Schuylkill, and at the mouth of that river took also in tow the bark Dudman, -which ■was of two feet less draught than the Eebecea, but of wider beam. The tow was made up by placing the Rebeeca next to ■ the tug, and the Dudman in the rear of the Eebecea, to which Bhe was attached by a hawser. This arrangement of the tow was made against the objection of the master of the Eebecea, who desired his vessel to be placed in the rear. The Dudman was known to the masser of the tug to be a bad-ateering vessel, and in going down the Delaware river she steered wildly, fiheering from side to side. When the vessels approached the channel buoy, at the bight of Newcastle, where the Dela- ware river is narrowest, the pilot of the Eebecea put her helm hard a-port, in order to bring her in line with the government range lights, and pass in mid-channel, just to the eastward of the buoy, the tug pursuing her course unchanged, keeping on the port bow of the Eebecea, eastward of the channel. Just at this time the Dudman, having taken a sheer to the westward, drew the Eebecea out of her proper course, throw- ing her head to the eastward, bo that, with the helm hard a-port, she kept going to port, instead of starboard, until she grounded on Goose island bar. When the Eebecea went agronnd the Dudman's sheer to the westward was broken, and she puUed around to the eastward again. At this time the pilot of the Eebecea hailed the Dudman to put her helm hard a-starboard, and immediately thereafter she struok the Eebecea in the port center, causing the injury oomplained of. �It is obvions that the collision was tho resuit of two causes — First, the very bad ste^ring qualities of the Dudman; and, second, the arrangement of the tow with the Dudman in the rear. If, by her ready obedience to her helm, she had been under the control of her pilotj or she had been placed ahead instead of behind the Eebecea, the collision would not have ocourred. The master of the tug well knew that the Dudman steered badly, and this was made manifest in the passage down the Delaware, and he' ordered the relative positions of the vessels in the tow. Was the collision,theni avoidable by ����