Page:Federal Reporter, 1st Series, Volume 4.djvu/850

 &36 FEDJQBAL BEPOBTKB. �at the pior foot of Fifty-ninth street, New York, io be towed tô the Erie basin, at about 5:30 p. m, The said boat waa loaded.witha cargo of wheat. .When the Dayton left Fifty- nintb street pier she had in tow four boats, tvro on each side. The Centennial was the inside starboard boatj that is, the one lashed to the starboard side of the Dayton. She was 103 feet in length, and her bow projected some 20 feet beyond the bow of the Dayton. The evening vas clear and starlit, and the tide ebb. The Dayton landed one of the beats which had been on her port side at the Eagle pier, Hoboken, and there- after pursued her course with the remaining three boats. When about opposite or a short distance above pier 1, North river, and about 300 yards from the piers on the New York shore, the Centennial was run into by the seow Number Four, which was then in tow of the steam-tug James Bowen, and received such injuries that she sank, with her cargo. The Number Four was lashed to the port side of the Bowen, and the two were proceeding from a point in the East river to the Long dock, Jersey City. At the time of the collision the Bowen was on a course opposite or nearly opposite the course then being tàken by the Dayton and her tow. The Centen- nial was under the cbntrol and subject to the direction of the Dayton, having neither propelling nor steering power of her own. �On the foregoing facts I find, as a conclusion of law, that as the libel alleges that the Dayton was negligent and in fault in varions particulars specified in the libel, and as the answer of the claimant of the Dayton denies each of said alle- gations of fault on the part of the Dayton, and as no facta are proved in the case as against the Dayton, except the fore- going facts admitted by said answer, and the libellant has proved no negligence or fault on the part of the Dayton, the libel must be dismissed as to the Dayton, with costs to heï in this court, and with -$24.25 costs to her in the district court, against the libellants. �In this case I find the tollowmg facts as between the lilael- lant and claimant of the steam-tug James Bowen, such facts ����