Page:Federal Reporter, 1st Series, Volume 6.djvu/925

 the charles morgan. 913 �The Charles Morgan. �{Diairict Court, D. Kmtuehy. Mav 3. 1881.) �1. CoiiMsioN— Passing Boat. �An approa(}hing and pasaing boat takes upon herself the peril oi detennining what is a safe distance in passing anotlier boat going in the same direction, and must bear the consequences of a misjudgment in that respect. �2. Bame— Same. �In determining the question of distance, however, the passing boat bas a right to assume that the other boat is well equipped, and is being managed and run with ordinary care and skill. �Samb — Samb. �After the boat -which is being passed has replied to the passing boat's signal in the affirmative, she is bound to continue in her then course, if it can be done without immediate danger to herself or other boats that may be in or along the river. — [Ed. �In Admiralty. �J. K. Goodloe, L. H. Noble, and Bentinck Egan, for libellant. �HamUton Pope, James Speed, and W. A. BuUitt, for claim- ant. �Barh, D. J. The steamer Charles Morgan, running be- tween New Orleans, Louisiana, and Cincinnati, Ohio, left her landing at the former place a few minutes after 5 o'clock a. m. April 24, 1880. The steamer John W. Cannon, then running between New Orleans and Bayou Sara, Louisiana, left her land- ing a few hundred yards below, shortly after the Morgan, and both boats proceeded up the river. The Cannon, being the fastest boat, soon overtook the Morgan, and in passing in front of a place called the BuU's Head, in the city of New Orleans, the boats collided. The Cannon was disabled by this collision, and her owner, John W. Cannon, has filed this libel against the Morgan, alleging that she ran into the Can- non, and that this occurred by reason of a want of care and skill on the part of the officers and crew of tha Morgan, and without the fault of the officers and crew of the Cannon. �The claimant, Thompson, owner of the Morgan, denies in his answer that the Morgan ran into the Cannon, and denies ail negligence and want of skill upon the part of the officers �v.6,no.9— 58 ��� �