Page:Federal Reporter, 1st Series, Volume 6.djvu/106

 94' FEDERAL REPGRIER. �In Admiralty. �Libel by the master of the bark Ajace against the steam- tug S. Shaw for damages sustained by collision. It appeared from the evidence that the bark, on September 18, 1879, started from Philadelphia and proceeded down the Delaware river in tow of a tug. Late in the afternoon she passed the tug S. Shaw, also bound down the river, and with the schooner Annie M. Allen in tow. About sundown the tug in charge of the bark left her, and she then let go her anchor and swung round with her head to the tide, which was then ebb. The tug Shaw, coming down behind her, did not discover that she was at anchor until the vessels were in close proximity, and was then unable to prevent the schooner from colliding with and injuring the bark. At the place where the collision oceurred the river was about two miles wide. The bark anchored in mid-channel, and also in range of the government lights. It appeared that, by a statute of the state of Delaware, vessels were prohibited from anchoring in range of these lights. There was conflicting teatimony as to the time which elapsed between the bark coming to anchor and the collision, and as to whether the bark's anchor light was up before the col- lision. The theory of the libellant was that while the bark was at anchor the tug attempted to cross her bow, and the schooner was in consequence carried by the tide down upon the bark. The theory of the respondent was that while the tug was following the bark the latter, without warning, suddenly came to anchor in mid-channel, and thus caused the col- lision. �It appeared, also, that a day or two after the collision the owner of the tug offered to pay the captain of the. bark the cost of the necessary repairs to the bark. The captain of the bark demanded $2,400, which included, besides cost of repairs, damages for detention, expenses, etc. An arbitration was then suggested, and a written agreement drawn up and signed, whereby the parties agreed"to submit the question of the amount to be paid the Italian bark Ajace, of which the undersignel, Federico Morice, is master, in consequence of the collision between said bark and the schooner Annie M. ��� �