Page:Federal Reporter, 1st Series, Volume 5.djvu/133

 ÏHE STEASl FERRï-BOAT HA.OKBNSACK. 121 �TflB Steam Ferby-Boat Haokensace. The Schookeb Bùenry D. Bbewstkr. {District Court, S. L. NeaTork. November, 1880.) CoLusioiï— Febbt-Boat Entbeikg Slip— Lookout— RiaHT oy Bail- �IKG VBSSELS— COSTS. �Where the steam fcrry-boat H., while entering her slip at the foot of Barclay street, coUided, in the day-time, with the schooner B., her bowsprit entering one of the Windows on the starboard side of the H. aft of the paddle-box, and the B. was at the time getting under \ray, having hoisted her jib and then her foresail, the wind being southerly, and her bow Une having been cast ofE and stem line fast to the rack, though slack, and the B. claimed that at the time the jib-boom entered the window she was lying with her whole starboard side close up to the southerly side of the south rack of the slip, and that the H. etopped after the jib-boom entered the window and before any ap- preciable damage was done to either vessel, and then started again, dragging the B.'s stern round'against the end of the rack and driTing her stern against a neighboring pier, tfaus causing the damage to both vessels ; and the H. claimed that after she had entered her slip about three-quarters of her length, the stern line of the B. was care- lessly let go, and her jib flUing the B. swung round to the northward and thereby forced herself against the H., causing the damage; and that these movements of the B. were made without any warning to the H., and too late to enable her to prevent the collision : �Held, on the evidence, that the pilot of the H., acting as lookout, lûight bave observed the B.'s movements — the hoisting of the jib and then the foresail indicatiug an intention to come out and perhaps to cross her path — in time to have avoided the collision ; and was wholly in fault in not thus obeying the rules of navigation requiring a good " lookout to be kept, and that vessels under steam shall keep out of the way of sailiug vessels, and that this fault of the B. alone caused the collision. �That the B. had a right to assume that this would be done, and was not, therefore, in fault in hoisting sail. �But, on the evidence showing that the tide was ebb, running down the river; that the H. was approaching the mouth of the slip from up the river, heading obliquely towards a point some ways inside tha southerly rack, and, after striking it, her port bow was canted over against the center pin, when her stern sagged with the tide against the southerly rack before she stopped ; that her length and that of the southerly rack were each 217 feet, and the center pin 100 feet ; and the northerly side of the slip was at the time occupied by the other ferry-boatî �ndd, that tha B.'s claim as îo ier position ca&not be truc; thst It ����