Page:Federal Reporter, 1st Series, Volume 8.djvu/645

THE FAKNIiBI, 631 �seen they were gailing substantially in opposite directions. Thej' continued to approacli each other ead on, or nearly end on, so as to involve risk of col- lision, until they were not more than three or four hundred yards apart, when the steamer put her wheel to port so that each might pass on the port side of the otlier. Almost immediately after this was done her wheel was put hard arport, and she fell off her original course six or seven points to the east- ward before the collision. Shortly after the steamer began going oS under her port wheel, and witliout any sufflcient cause or excuse for so doing the schooner put her wheel to starboard, under the efiect of which she also fell ofE to the eastward. If her wheel had been ported instead of starboarded the vessels would not have corne together. �(9) In the collision the schooner struck the steamer on the port side, near the end of the bridge, and but little forward of midships. The cutwater of the schooner was bent over by the blow f rom starboard to port, and her star- board bow to a distance 10 feet back from the stem was broken. Her port bow was not injiired except at the stem. She filled and sank in less than an hour, �CONCLUSIONS OF LAW. �(1) That the steamer was in fault for attempting to pass too close to the schooner, and not taking sufflcient precautions in time to get by in safety. �(2) That the schooner was in fault for unnecessarily and inexcusably star- boarding her helm, and thus bringing on the collision. �(3) That the damages to the two vessels should be equally divided between them. �(4) That the master of the schooner is entitled to recover against the steamer only one-half his loss. �(5) That the owner of the cargo of the schooner is entitled to a decree against the steamer for the full amount of its loss. �(6) That on payment of the steamer of the decree in favor of the owner of the cargo, the steamer will be entitled to credit for one-half the amount so paid on any decree which may be rendered against her in favor of the schooner. "Waite, Chief Justice. �Robert H. Smith and Sebastian Brown, for libellants. �Thomas e Thomas, for respondents, �Waite, Chief Justice. It would be a useless task to attempt to .reconcile the conflioting evidence in this case. There are, however, some conceded fa,cts. The steamer was going up and the schooner down the bay. The wind was north-west, or perhaps a little north of that. The libel alleges it was north-west, and the master and sec- ond mate of the schooner say the same. The pilot of the steamer says it varied from N. N. W. to N. W. Both vessels were in a condition to avail themselves of the most desirable courses up and down the bay. They were .where, according to the of&eial chart, that course would be N. ^ E. or S. \ W., and about four miles to the west of Sharp's islandlight. The schooner had h,er sails off to port. That is ��� �