Page:Federal Reporter, 1st Series, Volume 6.djvu/211

 THE STEAM-BOAT DELAWARB. 199 �least possible importance in that respect since the judgment of witnesseB as to distance on the water, especially at night, is notoriously untrustworthy. �From the circumstance that the libellant's canp,l-hoat, when struck on the port bow by the guard of the ferry-boat for- ward of the wheel and torn from the tow, was carried into the slip against the center pin, I think it is very probable that she was running nearer the piers than the witnesses of the libellant testify. Whatever her distance from the pier, how- ever, the ferry-boat had her lights in fuU view, and should have observed them and governed herself accordingly. If the tug was nearer to the piers than was prudent, it did not con- tribute to cause the collision, because she .was in full view of the ferry-boat, and even if this had been a fault whieh con- tributed to cause the collision it would not relieve the ferry- boat from liability. The Atlas, 93 U. S. 302. The same is trae of the stopping of the tug, if that was a fault which con- tributed to the collision. An attempt was made on the part of the libellant to ehow that the pilot of the ferry-boat, who, as such pUot, was examined on the trial, was not in fact at her wheel at the time of the collision. The evidence relied on was an alleged admission to that effect to another witness in conversation. I am satisfied that he must have been mis- understood by this witness, and that in fact he was at the wheel. �Decree for libellant, with costs and reference to compute damages. ��� �