Page:Federal Reporter, 1st Series, Volume 9.djvu/685

 .670 FEDBBAL REPORTER. �ion, convinces me that she reoeived the blow in such a manner as that her bow must have been west of the ceuter of the river; other- wise her stem would have struck the east bank before she swung around sqaarely aeross the river. Besides this, I can see no reaaon or motive for the Montauk being upon the east side of the river. The proof clearly shows, by the testimony of witnesses on both sides, that the officers of the Buckeye knew that the Montauk was going up stream, and that she had given them the signal, to which they had responded, as to the side upon which she would corne. Between the Main-street bridge and AUen's slip there is a bend in the river which somewhat obscures the view in a direct Une to a person standing upon the docks ; but a man standing upon the bow of a steamer like the Buckeye, which was running ligbt, with her bow high out of water, on aceount of her machinery being in her stern, could undoubtedly have seen the Modtauk plainly from the time the Montauk sounded her whistle, and, even if he did not see her, it was not by reaaon of the darkness of the night, but by reason of the bend in the river and the lumber piled on the deck. He had notice that she was there ; that she was coming up the river ; and that she would be upon the starboard side of the river ; for her whistle had told him all this. It was, therefore, his duty to go slowly and cau- tiously; and more especially was it his duty, if, knowing that the Montauk or any other steamer was coming up the river, he was unable, by reason of the crookedness of the river, to see her, to go very cautiously. The crooked river and even the approaching darkness imposed additional caution upon those in charge of the Buckeye, and they should have gone more moderately, should have slackened speed, and, if necessary, stopped; but, instead of doing so, it would seem from all the proof that the Buckeye was going down the river at a rate, as I have said, of six or more miles an hour, where the river was so crooked that it was extremely dif&cult to see objects more than a few hundred feet ahead, which, under the cireumstances, can be called little short of recklessness. As a rule, I think, it may be said to be negligence for any craft to be moving in that part of the river faster than three miles an hour during the season of navigation, and when the stream is crowded with other crafts either moving or moored to the docks ; but whatever may be the rate or speed, the craft should be completely under control, so that she can be stopped, or her course changed promptly. �But the captain of the Buckeye says that when he discovered the ��� �