Page:Federal Reporter, 1st Series, Volume 8.djvu/651

THE FARNLEY. ���637 ���steamer was given,which, according to the allegations of the answer, ■was only a few seconds before the order "Hard a-port." �The averments of the answer in this particular are supported both by the mate and the wheelsman. The pilot swears differently, but the conceded facts and corroborating cireumstances are all against him. I am satisfied the answer states the truth. The collision, all agree, occurred a very short time after the order "Hard a-port." At most, according to all the evidence, the vessels did not sail more than three or four hundred yards, which, at the combined speed they w.ere going, could be traversed in but little if any more than a min- ute. That haste was required on the part of the steamer to get out of way is apparent from the fact that the order "Hard a-port" fol- lowed sharply on that to port. Under these cireumstances it seems clear to me that the steamer held her course too long without making calculations to get by. It is undoubtedly true that if the schooner had ported her helm, instead of starboarding, the collision would have been avoided; but that, in my opinion, does not excuse the steamer from her original fault in getting so close as to make it pos- sible to bring the vessels together in such a way. When there is plenty of sea-room, and nothing to prevent, it is wrong for a steamer, in passing a sailing vessel at night, to go so near as to permit a col- lision in consequence of a mistake of this character on the part of the schooner. It is her duty to give a passing vessel a wide berth when it can be done, and to run no risk of errors or miscalculations. �As both vessels were in fault the damages to the vessels miist, be equally divided between the two. As the- master of the schooner himself, by his personal conduct, contributed to the loss, his recovery against the steamer must be confined to one-half his damages. The owner of the cargo is fentitled to a decree against the steamer for the full amount of its damages, but, upon payment of the amoimt found due, the steamer will be entitled to credit on any decree that may be rendered against her and in favor of the schooner for one-half the sum so paid. �An order may be entered referring the cause to a commissioner to ascertain and report the amount of damages sustained by the parties respectively. ��� �