Page:Federal Reporter, 1st Series, Volume 8.djvu/728

 7X4 FEDERAL EBPOBTEB, �duty of the pilot of the Neil to keep as near as practicable to the island, that being to his larboard. This he did not do, for the col- lision occurred at .least 100 yards, and probably much more than that, from the shore of the island. It ispretty evident, I think, from the testimony, that the pilot of the Neil, by backing his fessel tipon a straight rudder, caiised her bow to incline towards the center of the channel aud thus to corne into collision xvith the other vessel. But, whatever the reason may be, the fact is clear that the Neil was not as near to the island as she should have been, and was therefore in f ault. Was the Hickory also in f ault ? As to the width of the navigable channel at the place of collision, and as to the distance from the shore of the island to the place of ; collision, there is much uncertaiinty in the evidence. It is clear that the main channql runs near the island, but iitas also clear that there was at th^^t time good navigable water for a distance of nearly half a mile. The Hickory was bound to give the Neil plenty of room to pass along near the shore of the island and to bear over towards the main shore for that purpose. I think it fair to say that if the Neil had fully one-half of the ordinary channel in which to pass down she was bound to keep within it. If she was seen further out in time f or the pilot of the Hicli- ory to have avoided this collision by bearing still further over towards the main shore, then it was hi^ duty to havie dope so. , But if the pilot of. the Hickpry so directed his vessel that he believed he was giving the Neil plenty of room, and if but for the sudden ti^rning of the bow of the latter across the channel she wquld have had, plenty of room, then I think the fault was wholly with the J^eil, and this latter seems to have been the fact. By some failure to manage the Neil flucoessfully, while backing her for the purpose of bringing her near the island, her bow was thrown suddenly outward, apd being probably caught by the carrent she was placed in a position almost at right angles with the channel, and this at a moment too late ,for the Hickory to change her course and avoid the accident, The pilot of the Hickory had, with good reason, caloulated that, the bow of the Neil would be kept, down stream, and it see^is that, if this reasonable expectation had been realized, there would'haye been up collision. , : ; �In rieaching this conclusion I give considerable weiglit, to the finding of the boardiof, arbitrators, composed of experts seiected by the parties themselyes, who, by agreement of parties, heard the testir mony and rendejred itheir award in the ,co)irt below. Their fiuding ��� �