Page:Federal Reporter, 1st Series, Volume 6.djvu/216

 204 FEDEBAIi BEPOETEK. �desoribed, — sometimes by "flanking," sometimes by "steer- ing, " — and as of ten by the latter as the former method. There is no fixed rule as to running this place, and on each occasion the pilot exercises his best judgment as to the course he will adopt. �Some of the expert witnesses (but not ail) say that flank- ing out from McKee's rocks is the safest course generally. Moet of them, if not ail, testify that it was the best and safest course for the libellants' barges, in view of their locality at shore, and the libellants insist that the Morgan is chargeable with negligence in not pursuing that course. But I cannot adopt this conclusion. To pronounce "steering out" from McKee's rocks to be negligence per se would be to condemn the common practice of some of the best of pilots on the river. Was, then, the Morgan censurable in undertaking that mode of navigation on the occasion in question ? I think not. When she entered at the head of Brunot's island her pilots did not know, and had no reason to suspect, the state of things existing below. They were not bound to antioipate that they would find the libellants' barges projecting into the ordinary tow-boat channel, at that stagc of water, at McKee's rocks; and when they discovered these barges it was too late.to attempt to change the Morgan's stern from the island to the bar. Such a maneuver then — with a huge and un- wieldy tow, in -a five-mile curi-ent, before daylight, with stranded barges on the bar, whose precise location was not known— would have been extremely hazardous, if not inevi- tably fatal to both parties. To effect a landing at that time and place was impractioable, and the Morgan had not power to back up stream, or even to hold her tow against the cur- rent. She oould not do otherwise than pursue her descend- ing course. The most that could be done was to check the boat's headway by reversing the engines, and this was done. I am satisfied that, after the danger was perceived, ail that was possible to avert the catastrophe was promptly doue; and I am of opinion that, from first to last, the Morgan was blameless. �It however appears that the owners of the Morgan brought ��� �