Page:Federal Reporter, 1st Series, Volume 9.djvu/681

 66e FEDERAL REPORTBS. �The Buokeye. {District Court, iV. D. Illinois. December 12, 1881.) �1. Collision — Lights. �The fact that the libellants' boat did not display the lights required by law is no defence to an action for damages by a collision, when the want of lights did not cause or contribute to it. �2. Chicago Rivek — NBaLiGENCB. �• Semble, that it is negligence for any craf t to navigate the Chicago river, - between the Main-street bridge and Allen's slip, during the season of naviga- tion, and when the stream is crowded with other oraf t either moving or moored to the bank, at a greater rate of speed than three miles an hour. �In Admiralty. �Sc/iMyier (f Xrcwfr, for libellants; �W.>H; Condon, R. S. Tuttle, and Mr. Mitchell, for respondents. ' BiiODGfETT, D. J. This is a libel by the owners of the steam canal- boat Montauk against the sfceam-propeller Buckeye, for damages by a, collision in the watpjs of the south branch of the Chicago rirer, between the Buckeye and the Montant, on the evening of Augast 19, 1880, whereby the Montauk was sunk and her cargo proved a total loBS to its owners. �Norton & Co. file the libel in their own behalf, as owners of the Montauk, for the damages and demurrage sustained by them as such owhers, and also in behalf of the insuranoe company who had issued 'a policy to them upon the cargo, and who have paid for the cargo as a'total loss. The claim on the part of the libellants is that the col- lision was ocoasioned by reason of the negligent handiitig of the Buckeye while she was proceeding downthe river; while the respond- ents, the owners of the Buckeye, insist that the collision was wholly occasioned by negligence on the part of those in charge of the Mon- tauk. It appears from the proof, and is undisputed, that the collis- ion occurred in the river near the south line of Allen's slip, where the river is about 130 feet wide from dock to dock; and on the partof the libellants it is claimed that the Montauk was on the west side of the center of the river, ahd within 15 or 20 feet of the- west bank; while on the part of the respondents it is contended that the Montauk was, by reason of the negligence of those in charge of her, in the middle or east of the middle of the river at the time she was struck by the Buckeye. The undisputed facts in the case are that between 7 and 8 o'clock of the evening in question the steamer Buckeye was coming ��� �