Page:Federal Reporter, 1st Series, Volume 1.djvu/358

350 FEDERAL REPORTER. �Fîtch the damages caused by a collision between the sohooner David Curry and the ierry-boat Nevada, in the East river, on the seventeenth of Deeember, 1877. The second is brought by the owners of the schooner David Curry, to recover of the same tug and barge the damages caused to thàt schooner by the same collision, as well as the damages caused to the schooner by a prior collision between the schooner and the ice-barge, that occurred immediately prior to the collision between the schooner and the ferry-bôat, and is claimed to have been the sole cause of such subsequent collision. �The following are my conclusions upon the evidence : �The ferry-boat Nevada was proeeeding down the East river above the Catharine terry-slip, on the Brooklyn shore, the tide being ebb. She was where she had the right to be, and was giving plenty of room for the vessels passing up the river to go by her in safety. While so proeeeding she was run in to on the starboard side by the schooner David Curry, and sustained seri- ons injuries. The cause of this collision between the ferry-boat and the sohooner was a sadden change of course on the part of the schooner which carried her into the ferry-boat. �The sohooner was proeeeding up the East river, and in about the middle thereof. While so proeeeding she was run into on her port bow by the ice-barge Fitoh which was also proeeeding up the river, between the schooner and the New York shore, in tow of the tug Adriatic. The immediate and necessary resuit of this collision between the ice-barge and the schooner was to knock the sohooner off her course so siid- denly that it was impossible for anything to be done either on the schooner or the ferry-boat to prevent the sohooner from running into the ferry-boat, as above stated. �The cause of the collision between the ioe-barge and the schooner was a sheer on the part of the barge out of her proper course and into the coarse of the schooner. It was the duty of the ice-barge, under the circumstances, to keep away from the course of the schooner, and she oould have done so by the proper management of her helm. The schooner did nothing to cause the collision between her and the barge ; it was the duty of the sohooner to hold her course, ��� �