Page:Federal Reporter, 1st Series, Volume 9.djvu/684

 THB BUCKEYE. 669 �this proof, is that the Buckeye proceeded down the river nearly 700 feet after sounding her whistle to indicate which side of the stream ehe would take, while the Montauk progressed up the stream only about 200 feet in the same time. The witnesses on the Montauk and those upon the shore, or on other vessels in the vicinity, say she wap not going over two miles or two and one half miles per hour. If her speed was two, or two and one half miles, certainly the Buckeye must have been going over six miles an hour at the time, because 8b« cov- ered within the same time more than three times the distance passed over by the Montauk. �As to the question whether the Montauk was in the middie of the river, or east of the middie of the river, as is claimed by the re- spondents, I think the preponderance of the proof shows that she was west of the middie of the river. The proof shows that the barge Irish lay upon the west side of the river, just north of the entrance to Allen's slip, — far enough north, so that her jib-boom and forward hamper did not interfere with the entrance to the slip. In going up the river, the Montauk, having in tow the canal-barge Lockport, was obliged, of course, to swing out from the west bank of the river far enough to avoid colliding herself or her tow with the Irish, and this would carry her towards the middie of the river, — the river, as I have said, heing there about 130 feet wide. After the Montauk had passed the Irish she would naturally, as she intended to go through the west or starboard draw of the Main-street bridge, which she was approaching, hug closely to the west or starboard, side of the river, and I can see no evidence that she did otherwise. It is possible that ehe was very near the middie of the river ; because, to avoid the Irish, she would have to swing nearly or quite into the middie of the sti'eam, and she might not have regained the west side, as she had only gone a little more than her length beyond the Irish just before the collision, and when her captain saw the Buckeye comingonto her, the wheel of the Montauk was undoubtedly put further to port for the purpose of throwing her still further over to the starboard side of the river; and, from the manner in which the two vessels came together, there can be no doubt, I think, that the bow of the Montauk was bearing towards the west or starboard, so as to present her port bow to the Buckeye. And the proof also shows that immediately after receiving the blow the Montauk swung around crosswise of the river, so that she reached nearly across the river, and the fact that she did thus swing crosswise of the river from the impetus of the blow or collis- ��� �