Page:Federal Reporter, 1st Series, Volume 8.djvu/540

 rg^ FBDEBAIi EBPOBTBR. �view of such fault on the part of the schooner, it is incumbent on her ,to make ont by clear proof that the tugs could have done something after they saw, or ought to have seen, the danger of collision to pre- vent it. On all the evidence, including that taken in this court, this bas not been made ont. �It was no fault in the tugs that they did not whistle to the schooner at any time. They saw no risk of collision, and there was none which they ought to have seen. They were not intending to go, and did not go, to the weEtward. There was plenty of room for the schooner to go by them to the westward. They could have no idea that the. schooner would chase the wind as she did, and would make the leeway she did. The tugs stopped as soon as it was in- cumbent on them to do so, and were not guilty of any fault in stop- ping. �There must be a deoree against the schooner for $2,775, with in- terest from April 9, 1880, and the costs of the libellant in the dis- trict court, taxed there at $236.50, and the costs of the libellant in this court, to be taxed. The libel must be dismissed as against each of the tugs, with costs to the claimants of the Nichols in the district court, taxed there at $178.87, and to them in this court, to be taxed; and with costs to the claimants of the Sammie in the district court, taxed there at $73.27, and costs to them in this court, to be taxed. ���The Badgee State. (Dislrict Court, N. D. Illinois. May 27, 1881.) �1. CoiiiiTBioN— Steamer— Schooner. �Wliere a sailing vessel and one propelled by steam are approaching each other bow ou, the steamer must give way. �2. BAME— BVIDBIJOE. �In case of a collifiion between such vessels, the steamer is prima facie in fault. '' �S. Negligence — Particulab Instance. �It amovnts to negligence on the part of those in oommnnd of a steamer Vr make the port of Chicago at night at a speed trou» nine lo ten miles an houi �In Admiralty. �Blodgbtt, n. J. Thisis a libel for damages by a collision between the propeller Badger State and the schooner Helen Blood, owned by libellant. �The schooner left the port of Chicago, abont 9 o'clock in the even- ing pf Qctober tt, 1§77, in tow of the tug Protection, was towed wt ��� �