Page:Federal Reporter, 1st Series, Volume 5.djvu/139

 THE STEAM FERBY-BOAT HAÇKKNSAOK. 127 �saîl weut up, and slie begun to pay off to the north, he should have stopped or slowed, and watched her movements. This was not long before he saw her, but still it was, upon the evidence, a suffi ciently long time before to have enabled him, in the position he then was in, to have stopped seasonably to have avoided the collision. The schooner had no right to make a movement round, the pier, without warning, which should thrust her jib-boom into a f jrry-boat already in a posi- tion where she could not by her own movements avoid the collision. This is the case the ferry-boat attempts to make, but I think she has failed to make it ont. Prom the time the schooner hoisted her foresail her paying off to the northward was inevitable, and at that time the ferry-boat was so far off that the movement did not involve danger of collision if the ferry-boat had observed the rules of navigation to keep a good lookout and to keep out of the way of sailing vessels. This those on the schooner had a right to assume would be done by the ferry-boat. They were not, therefore, in fault in hoisting the sail. The ferry-boat has pleaded, also, that the schooner had no right to make fast to the ferry rack ; but this point was very properly abandoned upon the trial. The dam- ages claimed are small, and the parties have agreed that the court may permit such amendments to the pleadings as may be necessary to conform them to the state of faots found by the court, making such provision as shall be deemed just as to eosts. �Upon the foregoing considerations I think the ferry-boat was alone at fault; that she did not keep a good lookout; that she failed to observe a movement of the schooner which indi- cated that she was coming out of the slip and might cross the path of the ferry-boat, until it was too late to prevent a col- lision. The libel on behalf of the schooner may be amended accordingly, but as the libellants have misstated the main facts of the collision in their libel, no eosts to this time will be allowed except disbursements. �Decree for libellants Smith and others for their damages, without eosts to this time, except disbursements, with refer- ence to compute damages. Libel of Hoboken, etc., Land & Improvement Company dismissed with costa. ����