Page:Federal Reporter, 1st Series, Volume 6.djvu/927

 THE CHAELE8 MORGAN. 915 �she answered the Cannon's signal affirmatively, changed lier course without immediate necessity, and the collision thereby occurred, he bas sustained this burden and his cause, unies» the claimant proves this change was the resuit of causes which reasonable care and skill could not have avoided. �Tt may be assumed as undisputed in this record that the river at the place of collision was very deep from bank to bank. It was from 1,700 to 1,800 yards in width, and the Orleans shore was lined with shipping. The boats were run- ning at their usual speed — the Cannon at the rate of 12 or 15 miles an hour, and the Morgan at the rate of 10 or 12 miles an hour. The Cannon was 285 feet in length and the Morgan 815. The Cannon had the most power and the Mor- gan the largest tonnage. The Cannon came up on the lar- board side of the Morgan and blew two whistles, which were promptly answered by the Morgan. The Cannon then at- tempted to paes, and, doing se, the boats collided. The Can- non was injured by baving the forepart of ber wheel-house broken in, the gallows-frame of ber starboard wheel knocked down, and this cansed that wheel to drop into the river after gbe had ran a few hnndred feet. The Morgan was injured slightly, only about two feet of the bouse on her larboard side being knocked off. This was some 53 feet back of the flag- staff, and immediately behiud the curve which makes the bow of the boat. �The testimony is much too voluminous for me to attempt to review it. I shall content myself with indicating my con- clusions upon disputed facts, and briefly the reasons to those conclusions. I think the deoided weight of the testimony i» that the Morgan changed her course after she replied to the Cannon's signal, and that she ran into the Cannon, and not the Cannon into her. �This conclusion is sUstained by ail of the officers and passengers of the Cannon who have testified, and by others who were not on the Cannon. I think it is sustained by both of the pilots who were on the Morgan. Mr. Jamison, who was at the wheel of the Morgan, states distinctly he changed the course of the Morgan, and says this was donc because of ��� �