Page:Federal Reporter, 1st Series, Volume 5.djvu/384

 373 ■ FEDERAL REPORTER. �going up, pas'sing the buoy?" says: "It is just acoording to what position you are in; if you meet near the buoy, you have, one or the other, to slow down; because there is net roomfor both to go around safely at the same time, if both are large ships." Here the meeting was "near the buoy" — virtually at it. Which vessel should have "slowed down," under the existing eircumstances, is not open to doubt. Drawing but 13|- feet of water, and moving against the tide, the Santiago had complete control of her course, — could stop, or go where fihe would, with comparative saf ety. It was, therefore, her duty to "slow down," until the Scots Greys had passed the buoy and straightened up ; or, if she chose to take the risk of doing otherwise, to proeeed along the Jersey side. Until the for- mer vessel straightened up, it could not be known, with pre- cision, where she would do so, even to her own officers. The safety of both vessels required that the Santiago should hold off until the situation of the other, when straightened up, was known. Failing to do so, she should be held to take the risk, and be answerable for the consequences, of doing other- wise : The Galatea, 92 U. S. 446. Het pilôt,< and others in charge, proceeded under the mistaken notion that they "had the right of way," and might "dictate" the Greys' course. They entirely ignor^d the peculiar eircumstances of the situ- ation,— ;the narrow, curving channel, the condition of the tide, and the consequent tendency to the Jersey shorej the size and draft of the vessels, — and proceeded as if the large ships involved were ordinary river craft, or the narrow channel an open sea. This appears not only from the testimony of her pilot, and others in command, but also from the libel filed in her behalf. In the latter it is stated that "the Santiago de Cuba kept on her course until she was near enough to do so, and then, while very far distant from the Scots Greys, she signalled to the latter that the vessels would pass to port, as was their duty, by blowing one whistle. She prepared thus to pass. The Scots Greys was then making her turn before reaching the toe of the Horseshoe, where the vessels were likely to meet, and seemed starboarding slightly. She gave no answer- ing signal. The Santiago de Cuba waited a short time before ����