Page:Federal Reporter, 1st Series, Volume 5.djvu/652

 640 FEDERAL REPORTBB. �course involving risk was to push ahead, and strive to reaeh the bight in time. The Eussell attempted the dangerous maneuver, and, having failed, must suffer the consequences. Easy and cautious movements are the rule of this locality, and those who adopt a different method do so at their own risk. �No fault can be attributed to the lighter. She did ail that it was possible for her to do under the circumstances. Towed as she was, it was inevitable that she should be off the course of the Atalanta in turning the bend ; and the fact that when she struck the canal-boat she was not in the wake of the Ata- lanta does not convict her of negligence. Neither can any fault be attributed to the Atalanta. Two faults have been charged upon her — one, that she stopped and thereby rendered it more difficult for the lighter to regain her position in the Atalanta's wake after passing the bend. But, as I view the evidence, the prudent course for the Atalanta, under the cir- cumstances, was to stop, as she did. Nor was this stopping, in view of the then position of the lighter, equivalent to notice to the Eussell to oome on through the bridge. The other fault charged upon the Atalanta is that she was towing the lighter with too long a hawser. This point was much pressed, and certainly is worthy of consideration. But, after fuU ex- amination, I conolude that the evidence will not justify a finding that it was negligence on the part of the Atalanta, having to tow such a lighter with a bowsprit aome 14 feet long in such a channel as Newtown creek, to use a length of hawser which brought the bowsprit within 40 feet of the stem of the tug. �Decree for libellant against the Jessie Eussell, and libel against the Atalanta dismissed, with oosts. ����