Page:Federal Reporter, 1st Series, Volume 5.djvu/387

MAY V. BTEAM-SHIP POWHATAN. 376 �Sixth. Could it be known, in advance, to those on board either vessel, what the position of the 6he bound upward, wotild be when she straightened up ? Ans. Exactly "what her position will be when she straightens, as before indicated, can- not be known until she accomplishes it. The downward- bound vessel will also encounter the tendenoy towards the Jersey flats from the effect of the tide, but being light and •drawing seven and a half f eet less water than the other, and having the tide towards her head, her command over her <iour8e is perfect, enabling her to stop or go where she will. If the upward-bound vessel shouid keep to the western side of the channel in rounding, the other could safely. pass to the eastward, but the danger of attempting so .to pass arises from the uncertainty of the former vessel being able to keep her course. �Seventh. If the downward-bound vessel shouid stop until the other rounded, shouid she start again before the latter straightened up? Am. To guard against danger, therefore, when two vessels of such size are likely to meet at the buoy, or very near it, under the circumstancea stated, the down- ward-bound vessel shouid stop a few hundred yards above, until the other has rounded and straightened up, when their position wotild be known to each other, and the course of the downward-bound vessel made plain. ���Mat V. Steam-Ship Powhatan, eto. �{District Court, E. B. Nm York. , 1880.) �1. Kegligencb — CoMMON Careier — CosTOACT. — A common carrier cannot, by any form of contract, relieve himself from the conse- quences of his own negligence. �% Same— Cattlb — WrND-SAiLS. — It is negligence for the owners of a vessel to permit the same to lie at a pier with the hetween-decks fuU of càttle, during a hot July day, without having any wlnd-sails up. ����