Page:Federal Reporter, 1st Series, Volume 9.djvu/683

 668 FEDERAL REPORTER. �the collision -would probably have occurred, even if the lights had been properly set and burning upon the Montauk at the time ? �The chief contradictions in the testimony are as to the precise moment of the collision, and the degree of light at that time ; the time being in fact immaterial, except so far as it bears upon the question as to the amount of light at and immediately before the collision. The -witnesses on the part of the Buckeye insist, some of them, that it was "pitch dark," others that it was "very dark," and others that it was "thick dusk" at the time the collision occurred. While, on the part of the libellants, the witnesses state that it was "light;" that it was "clear light," "not dark;" that objecta like the Montauk could be seen a long distance, — some say a mile, others say half a mile, others say several blocks, but all insisting that it was light enough for those on the Buckeys to have seen the smoke of the Montauk at the time the two boats respectively sounded their whistles for their sides of the river, and when they must have been about 900 feet apart. It is pos- sible that, owing to a bend in the river, the hull of the Montauk may not have been visible from the deck of the Buckeye while in the draw of the bridge, but her whistle was heard and her smoke could have be«n seen. �From a very careful review and analysis of this testimony, I have come to the conclusion that it was light enough for those on the Buckeye to have seen the Montauk, long enough before the collision occurred, to have shaped their course so as to have avoided the collis- ion. That it was not "pitch dark" nor "vsry dark," nor even dim daylight or dusk, is evident from the respondents' own witnesses. Many of them who testify to this intense darkness seem to have been able to observe objects in every direction except that in which the Montauk lay; and even the lookout upon the Buckeye says that when he discovered the Montauk she was 200 feet or more away, and that he did not report her to the captain, who was the ofScer of the deck, because the captain could see her himself. The river at the place where this collision occurred, for a long distance above and below it, is very crooked, and it is no doubt incumbent on tugs and other ves- sels moved by steam to prooeed either up or down the river very cau- tiously. The evidence in the case satisfies me thrat the Montauk was going quite slowly and the Buckeye going very fast. Those in charge of the Buckeye say she was going from tbree to five miles an hour. Witnesses differ very much as to the rate of speed of the Buckeye, but the established fact, if anything may be said to be established by ��� �