Page:Federal Reporter, 1st Series, Volume 6.djvu/215

Rh its upper end. That barge was so damaged that it soon sunk. Another of the libellants' barges was very slightly injured. Their entire loss was $2,044.56. By the collision the owners of the Morgan were also sufferers to the extent of $1,600. Three of their barges were injured, of which two eventually sunk. The collision occurred shortly after 5 o'clock The libellants allege that their loss was occasioned by the "negligent, careless, and unskilful manner in which the said steam-boat L. W. Morgan was navigated and handled;" and they seek a decree against the vessel. The libel does not specify wherein the alleged negligence, carelesness, and unskilfulness consisted; but the libellants insist that the proofs show that it was the duty of the Morgan to have so descended the river in the vicinity of Brunot's island, the bar, and McKee's rocks, as to pass out from McKee's rocks around the bar by "flanking," and not in the manner in which the boat was there run; and that by thus "flanking out" the collision with the libellants' barges would have been avoided. In no other particular has complaint been urged against the Morgan.

The expert witnesses speak of two well-known methods of navigating the river at and out from McKee's rocks by tow-boats with tows in charge, viz., by "flanking" and by "steering." Perhaps the witness Michaels most clearly explains these methods. He describes "steering out" thus: "When we get to the point [i. e., lower end] of the island you back the stern of the steam-boat up to the land, throw her head away from the head of the shore, swing her out, and drive ahead." The other method he thus describes: "In flanking we commence away above; flank down the island, with the stern of your steam-boat towards the island, till you come down near enough—till you get through to the inside of the bar—and turn the stern of your steam-boat towards the bar and flank out." The tow-boat ordinarily draws less water than her tow, and this witness states that in flanking as above described the stern of the tow-boat overlays the bar. The evidence clearly establishes that tow-boats with such tows as that of the Morgan pass out from McKee's rocks in both the ways above