Page:Federal Reporter, 1st Series, Volume 5.djvu/134

 123 FEDERAL REPORTER. �was impossible for the starboard quarter of tho H. to have projected eoutherly of the south side of the ferry raok far enough to engage the jib-boom of the schooner, if the latter was in the position she claimed to be in, and that the B.'s jib-boom must have extended croasvi'ise ia a north-westerly direction beyond the inner line of the ferry racle. �Hdd, that the whole damage was done before the headway of the n. was stopped, and the claim that the pilot loft his post before his boat brought up against the center pin, and conversed with the B.'s captain, and threatened the damage complained of, is, under the cir- cumstances, highly improbable, and againat the weight of evidence. �That the B., having thus misstated the main faots of the collision, is entitled to recover upon amending her libel, but ia not entitled to costs, except disbursements. �Henry T. W'mg, for the Henry D. Brewster. �W,J. A. Fuller, for the Hackensack. �Choate, D. J. These are cross-libels to recover damages caused to both vessels by a collision between the Hacken- sack, a steam ferry-boat running between Hoboken and the footof Barclay Btrcet, New York; and the schooner Henry D. Brewster. The collision happened in the day-time, on tho thirtieth day of July, 1879, while the ferry-boat -was entering her Blip at the foot of Barclay strcet. The schoonei is a small vessel, of about 66 feet length from stem to stern. She had brought from Virginia a cargo of watermelons, which she had diseharged at the pier next south of the ferry slip, and 'had hauled up to the south side of the southerly ferry rack, and there made fast, in the forenoon, some distance inside the end of the ferry raok. At about 1 : 30 o'clock she hauled down to the end of the ferry rack, and there again made fast, with the stem of the schooner about oven with the outer end of the ferry rack. In this position she had out a short bow- line and a long stern-line, both leading to spiles on the south- erly side of the rack. She made this change preparatory to getting under way for the foot of Tenth street, North river, for which place she was bound. After getting into this posi- tion she hoisted her jib and cast ofif her bow-line. The effect of this was that the tide running down set her off from tho rack towards the Vesey-street pier, the wind, which was southerly, being light, and the wind on her jib not being suf- ficient to keep her head up to the rack, They then hoisted ����