Page:Federal Reporter, 1st Series, Volume 6.djvu/210

 193 FEDERAL REPORTER. �feny-boat got thus lieaded for her slip, and when she was, as her pilot and lookout say, about 600 feet outside of her slip, that she discovered the tug, whose headway by that time had been considerably checked, and the ferry-boat gave a signal of two whisfcles, indicating that she was going into her slip ahead of the tug. The pilot of the ferry-boat testifies that when he discovered her he thought she was not in motion. The tug made no response, but oontinued to back at full speed. It clearly was the duty of the ferry-boat, in this situ- ation, to give way to the tug. She had the tug on her star- board hand, and their courses were croasing so as to involve risk of collision, (nineteenth rule for avoiding collisions.) It is no excuse for her to say that she took the tug to be stand- ing still, and not in motion. It was a gross fault and negli- gence that she had not before seen her, and observed that she was coming down the river. Her two vertical lights indi- cated that she had a tow. It is immaterial that the tug was moving very slowly. The Narragansett, 4 Fed. Kep. 244. It was impossible for the tug, by backing, to keep clear of the course of the ferry-boat into the slip. The signal came too late, and she was already backing to avoid a collision. The ferry-boat having given the two whistles kept on at full speed for some distance without waiting for a response, and her pilot only discovered that the tug was in motion when she had got very close to the tug, and it was too late, perhaps, to avoid a collision. She did not in any respect alter her move- ments in approaching her slip in consequence of the tug being there. She slowed and backed before she got to the bridge, but it was because it was usual for her to do so, not to avert the impending collision. It is very clear that she was in fault in not giving way to the tug, having her on the starboard hand, in giving her a signal she could not comply with, and then without waiting for an answer in going ahead at full speed as if the tug would or could comply. A great deal of testimony has been taken as to the distance the tug was from the ends of the piers. It is wholly immaterial, except as affecting the credibility of witnesses, and of the ��� �