Page:Federal Reporter, 1st Series, Volume 10.djvu/772

'l60 FBDEBAL fiEFOBTEB. �The D. m. Anthony. (Four Cases.) (District Court, S. D. New York. February 3, 1882.) �1. Collision — Sailiiig-Vbsel— Tug and Tow. �Where a tug with boats in tow, lashed upon each side of her, lieiag in all 130 feet wide, was proceeding up Kew York bay at about two knots an liour, and the schooner D. M. A. came up from belilnd upon a course about north by east, at the rate of six to seven knots per hour, and was salllng ciose-hauled by the wind, which was about north- west, but variable, and approached the center of the tow to within 200 yards and headed nearly directly upon the tow, and designed to go to windward, but, being un;ible to do so, ported her helm in order to go to leeward, and in so doing came into collision with the stern of the tow, sinking some of the boats and injuring others, hdd, upon contradictory evidence, that the facts were as above stated, and that the schooner was alone in fault in coming too near to the tow before properly shaping her course to avoid it. �In Admiralty. �Beehe, Wilcox de Hohhs, for libellants Malloy & Donovan. �J. A. Hyland, for libellants Thompson & Herbert. �Owen e Gray, for claimants. �Bbown, d. J. These libels were filed to reeover damages growing outof a collision on the twenty-third day of November, 1880, arising from the schooner D. M. Anthony running into the stern of the tow of the steam-tug David G. Cox. The steam-tug left Port Johnson at about 7 A. M. with a tow consisting of three canal-boats loaded with coal lashed to her starboard side, and two lashed to her port side, bound for the East river. The tow projected somewhat astern of the tug. After rounding the buoy to the south of Eobbins Eeef light she had straightened up on her course, heading for the battery, and had got about one-third the distance to Bedloe's island, when the D. M. Anthony, coming up from behind, intended to pass on the port side, but changed her course when about twice lier length astern of the tug and attempted to passto starboard. In making this attempt she rau in between the sterns of the two outside boats of the tow, on the star- board side, sinking them almost immediately, and injuring the boat next to the tug. These libels are filed by the owners of the boats, cargo, and other personal effects lost or injured by the collision ; two of the libels being against the D. M. Anthony alone, and two being against both the schooner and the tug, and charging both with fault. �The collision was at 9 o'clock in the morning, in clear weather, under a fair wind, in ample sea-room, and without any obstruction ��� �