Page:Federal Reporter, 1st Series, Volume 8.djvu/859

 THE aaOBGE A. HOYT. 845 �The Gboege A. Hoyt. �(District Court, 8. B. Nm York. January, 1881.) �1. Admiealty — CoLMSioN — Negligence — Btbam-Boats with Towa — Amend- �KENT OF LlBBL. �As the steam-boat S., with her tow of about 30 beats, was rounding West Point, on the west side of the Hudson river, on her way up, the day being clear, the steam-boat C, with her tow, being just ahead of the S., and heading across the river to Magazine point, on the east side, the river here taking a Sharp turn to the west, there were disclosed to the pilot of the 8. the steamer G. A. H., with her tow, coming down the river close to the west side, a schooner coming down, before a light west wind, and another heading up, and the 0,, with her tow, in the position stated. The 0. was taking the usual course in this narrow part of the river, the tide being strong flood, but the S., whicii had been gaining on her, tried to pass her on the west, or her port side.; As she was lapping the S.'s tow the schooner got in her way, while trying^to makelier tack to the eastward, and the S. then was' compelled, in otder to avoid, the schooner, to head still further to the west, and then to stoii till' the schooner got out of the way, the effect of which was to bring her tow dangerously near to the tow of the G. A. H. The end of the S.'s tow haying taken a we^wftfd swing with the tide, came in collision with the port boat, the schpojiei! jT.jIij N., on the flrst tier of the G. A. H. 's tow, thus causing the dainage to the lihellant'a barge on the port side of the S.'s tow; the G. A. H., oa seeing the 8. change her course, having stopped, and slacked her starboard hawser, thus taiusingiiM' tow to swing into the west bank. �Hdd, that the libellant's claim that the G. A. H. was in motion at the time of the collision and took a sudden sheer under the stem of the tow of tie' 8. after passing, thus causing the collision, is against the weight of evidende. ■ ■ ' ; �That such a movement was wholly uncalled for by the situation, and witho»^ apparent motive, and that the libellant's witnesses may have been deceived on this point by the effect of the movement of their own tow. �That the collision was wholly due to reckless navigation of the S; iii fceeping on at full speed in a narrow part of the river, and trying to, pass the ,0. while the river was so obstructed that the attempt could not be safely made without seriouB risk of collision with one or anolher of the vessels she was approaching. �Also hdd, that, the proof being that the S. did not keep anywheremear the eastem bank of the river, the libellant's motion to amend in that regard ^hould be denied. �W. R. Beebe, for libellant. �B. D. Benedict, for claimant. �Choatb, D. J. This is a suit brought to recover damages for injury to the libellants' barge Washington through a collision with the schooner Jane L. Newton, which was at the time of the collision in tow of the George A. Hoyt. The collision took place on the fourth of June, 1875, in the Hudson river, just above West Point. The Washington was in tow of the steam-boat Syracuse, and was one of a tow of about 30 boats, being the outside boat on the last tier but one on the port side. Immediately ahead of her was the barge Tompkins, and astera ��� �