Page:Federal Reporter, 1st Series, Volume 4.djvu/849

 m'nALLÏ »waTEAM-TtJO li. p. DAYTON. 835 �4. Bamb— Samb— Samb. — HM, further, that, although it might be the proper conclusion from the pleadings in such case that sQme one or two, or ail of the three vessels sued, must have been in fault, it is for the libellant to show which one, and not for any one of the three to exculpate itseU, or prove fault in either or both of the other two. �i. Saue — Samb — Samb. — The answer of the Dayton alleged that the Day- ton and Bowen were appro£^ching in such a way that the proper course was for each to pass on the starboard slde of the other ; that the Dayton took the proper measures to pass in that manner, and the proper signais were blown, but that the Bowen failed to give heed to sald signais, and to take measures to pass on the starboard hand of th« Dayton and the boats in her tow. Hdd, that this did not show any negligence in the Dayton, in the absence of any allegation to the con- trary in the libeL �6. Samb — Saub— Samb. — ^The answers of the Bowen and the scow each alleged that at the time the Dayton and her tow were discoveredcom- ing down the river, by the pilot of the Bowen, the green light of the Dayton was visible, and she appeared to be going between the Bowen and the New York shore, which was then about 300 yardsdistant ; that at a proper distance the Bowen blew two blasts, to which the Dayton responded by two.blasts, and the Bowen thereupon starboarded, bead- ing as far to the westward as she could safely do without danger of colliding with another tug and tow on her port side, heading In thç same direction; that the Dayton, instead of keeping her cotirse, or starboarding so as to pass on the starboard side of the Bowen, so changed her course as to shut out her green ligW and show her red light to the Bowen ; that thereupon, it being evident that the Dayton could not cross the bow of the Bowen and of the scow without immi- nent danger of collision, the Bowen slowed, stopped, and backed, and that at the time of the collision the headway of the Bowen and the scow was about stopped. £Wd, that there wa? nothing in any of these averments which made out a prima fade case of negligenco against the Bowen or the scow. �E. D. McCarthy, for libellant. �W. D. Shipman, for the Bowen and the sco\\r. �Carpcnter d Mosher, for the Dayton. �Blatchford, C. J. In this case I find the following facts as between the libellant and the claimant of the steam-tug L. P.. Dayton, such facts being found from the libel and ^the answer of said claimant, no testimony being put in on, the part of either of said parties : �On the fourteenth of February, 1879, the boat Centennial, of the burden of about 300 tons, and of which the libellant •was master, was taken in tow by the steam-tug L. P. Dayton, ����