Page:Federal Reporter, 1st Series, Volume 8.djvu/648

' 634 FEDFiRAIi REPORTER. �timony from the steamer' is that, although her wheei was put harS a-port, and she kept on at her full speed' of four milds an hour, the sehooner, by starbdarding, was able to oveftake and cbllide with her before she could get eut of the way. AU this indicates most unmis- takably to my mind that, wh'ether the steamer was in fact a httle to the east or a little to the west of the schooner, the lines of the courses of the two vesssels were from the beginning in dangerous proximity. This conclusion is strengthened by the further fact that the collision occurred not very far from the place where the vessels would be likely tobe if they had followed closely the sailing directions given upon the chart, which both vesse'ls were ' perf ectly able to do. The steamer, loaded and disa^^Ied as she was, would be alruost certain to take the most desirable route, which could not but have been known to her pilot of more than 34 years' experience, and no reason is given why the schooner should not have done likewise. �The statutory rules do not require a steamer, when meeting a sail- ing vessei end on, or nearly end on, so as to in volve the risk of col- lision, to port her wheel and let the vessels pass port to port, but, other thinga being equal, that would be the natural impulse of every navigator. Custom bas made that the almost universal rule of the road both on land and water in this country. Approaching as the vessels were, the schooner ought to have looked for a change of course on the part of the steamer and to have been prepared to act in a way not to interfere with what she did. While the steamer might riot decide to pass port to port, it was certainly most probable that she would. The wind was on her port bow and would help her in going off to the eastward, while it would be a serious obstacle to her getting to the westward or port. Under these circumstances, to wait any appreciable length of time after the red light appeared and then steer so as to counteract the known and, as it seems to me, under the circum- stances, proper movement of the steamer, was, to my mind, a clear fault. I cannot but believe that if instead of starboarding the master of the schooner had ported his helm there would have been no collisiob, and I am by no means certain there would have been any if he had kept his course. �It is claimed, however, that the helm was not starboarded until after the steamer had, by unskilfnl navigation, made the collision inevitable, and that it was done to ease the blow. This I cannot believe to be true. I have been unable to put implicit confidence in the unsupported statements of the principal witnesses on either side. The testimony of the master of the schooner and the pilot of the ��� �