Page:Federal Reporter, 1st Series, Volume 4.djvu/855

 m'nALLY ». 8TEAM-TUa h. P. DAYTON. 841 �scow are no evidence against the Dayton. Eyen under the most stringent rule, if the Dayton alone were sued, the bur- den of proof to show negligence in her would, on the libel and her answer, be on the libellant. �As respects the Bowen and the scow no prima facie case of negligence is shown as to either of them by her answer, The answer of each alleges that at the time the Dayton and her tow were discovered coming 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 yards distant; that at a proper distance the Bowen blew two blasts, to which the Day- ton responded by two blasts, and the Bowen thereupon star- boarded, heading 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 the same direction ; that the Dayton, instead of keeping her course or starboarding go as to pass on the starboard side of the Bowen, so changed her course as to shut out her green light 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 imminent 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. There is nothing in any of these averments which makes out a prima facie case of negli- gence against the Bowen or the scow. It is urged for the libellants that the answer of the Bowen shows that she had the Dayton on her starboard side, with the courses of the two- vessels crossing so as to involve risk of collision, and that,. therefore, under rule 19 of section 4233 of the Eevised Stat- utes it was the duty of the Bowen to keep out of the way of the Dayton, and as she did not a prima facie case of negli- gence is thus made out against her by her answer. This is an error. �The facts stated in the answer of the Bowen do not show that the courses of the two tugs were crossing when the- Bowen discovered the Dayton. On the contrary, the green light of the Dayton was then outside to the Bowen, and not ����