Page:Federal Reporter, 1st Series, Volume 5.djvu/382

 370 FBDEBAL EEPOBTBB. �lieard nor answered, and continued to port her helm. The two vessels came in collision above the buoy, the Santiago de Cuba striking the Scots Greys on the starboard bow. On behalf of the Scots Greys it was contended that the Santiago de Cuba was passing down in the middle of the channel, and caused the collision by porting her helm and running into the Scots Greys after the latter vessel had rounded the buoy and straightened up on the western side of the channel. On behalf of the Santiago de Cuba it was contended that she was pass- ing down on the western side of the channel, and that the collision was caused by the Scots Greys continuing to star- board her helm after rounding the buoy, instead of porting it in obedience to the signal from the Santiago de Cuba and pursuing the usual course up the channel, which it was claimed would have carried her to the eastward of the latter vessel. �Ctirtis Tilton and Henry Flanders, for the Scots Greys. �John G. Johnson, for the Santiago de Cuba. �B'JTLEE, D. J. There is an unusual amount of testimony in this case, and quite the usual amount of contradiction. Many important questions bave been raised and disoussed, which need not, in the view I take of the case, be decided. According to the Santiago's stateinent, she was about 400 yards above the Horseshoe buoy when the Scots Greys was about 200 yards below; and the collision occurred (as her libel asserts) 50 to 60 yards above. This niay be accepted as true. Sub- stantially, I think, it is true. The respective distances from the buoy may have been slightly different, and the point of con- tact may have been a f ew yards higher up ; but not materially so. Both vessels were, I believe, towards the western side of the channel, when approaching the buoy. In this situation, what were their respective duties ? To answer the question other circumstances must be understood. Between the ves- sels, for nearly, if not quite, half the distance, Was a narrow, curving channel, acrosa which a flood-tide was sweeping east- ward, and over the flats on the Jersey side. The upward- bound vessel was heavily laden, drawing 21 feet of water, while the olher waslight, drawiug 13 J^ fect. It is qiute cloar ����