Page:Federal Reporter, 1st Series, Volume 5.djvu/138

 126 FEOKBAIi BEPOBTEB. �The case made by the libel of the schooner that the ferry- boat thrust herself against the schooner lying along-side the ferry rack is clearly not made out. The case made by the libel of the ferry-boat is that af ter the ferry-boat had entered her slip, about three-quarters of her length, and was within about 30 feet from her bridge, those in charge of the schooner carelessly let go her stern-line, and the wind filled her jib, which Bwung her head to the northward, and thereby forced the jib-boom and bowsprit through the window of the ferry- boat ; that the ferry-boat had no waming or indication that those in charge of the schooner intended to let go their Une or make any movement that would render a collision possible. The point made here is that the schooner made no movement indicating her intention to corne out of the slip and cross the path of the ferry-boat till it was too late for the ferry- boat, by mbvements on her part, to avoid the collision. I am satisfied, upon the testimony, that after the pilot of the ferry- boat noticed how the schooner was coming out of the slip he eould not have managed his boat otherwise than he did, so as to avoid the collision or lessen its effeots; but he admits that he did not see the schooner till the bow of his boat was within about 60 feet from the upper rack, and not. till after he had rung his bell to stop the boat in order to prevent her coming too rapidly into the slip. Then what he saw was that the schooner was pointing obliquely across the line of the south- erly rack, and the two men were breasting her off at the end of the rack. He was doing duty as pilot and keeping a look- out too. He had a deck hand with him in the pilot-house, but he was his own lookout. When the pilot saw this he thought there would be a collision. There is no evidence of anything having previously obstruoted the view or prevented his eeeing the schooner hoist first her jib and then her fore- sail. I think if he had kept a good lookout he would have seen this, and would have had a warning or indication of her intention to corne out of the slip, which would have made it his duty to have stopped sooner till he ascertained which way she was going. She. had a right to corne out roujid the corner of the rack and go up the river, and when her fore- ����