Page:Federal Reporter, 1st Series, Volume 8.djvu/727

the j. s. keil. 713 �The J. s. Neil.' �{Circuit Court, B. D. Missouri. April 28, 1881.) �1. COM.ISIOK— RuiiB m ADMIBAIiTT. �Where there is a collision between two vessels, and one of them is sunk and its cargo lost, and the fault is all on one side, the party owning the vessel in fault must bear all the loss. If both are in fault, the loss and costs of suit are equally divided between the owners of the two vessels. �2. How Vessels Should Steeb in Pabsing Eaoh Otheb. �Where a steam-boat, in ascending a stream, has to pass a descending boat, it should keep within the larboard half of the navigable channel, and the descead- ing boat should keep within the other half. �Appeal f rom the District Court of the Eastern District of Missouri. �Thio is an action in rem. The Chester Harris Mantffa,«turiiag Company, or corporation, filed its libel in the district cotlrt against the J. S. Neil, a tug-boat owned by the Anchor Transportation Com- pany, of Middleport, Ohio, and alleged that on the thirtieth day of April, 1880, it was the owner of a barge called the Collier No. 1, and a tug-boat called tho Euckory ; that the barge was being towed up the Mississippi on said day by the Hickory, and was, without any fault on the part of the libellant, or its employes or boats, run into and sunk by the J. S. NeH; and that the cargo of the barge was a total loss; and that the collision occurred through the negligence and unskilfulness of the crew of the J. S. Neil. The damages were laid in the sum of $3,400. The respondent and claimant, the Anchor Transportation Company, set up in its answer that the accident occurred through the negligence of the crew of the Hickory. There was an award in favor of libellant in the sum of $2,355 and costs of suit, from wbich the respondent and claimant took an appeal to the circuit court. The other facts are sufficiently set forth in the opinion. �Broadhead, Stayback e Haensler, for libellant. �Given, Campbell, and R. H. Kern, for libellee. �McCbaby, C. j. This is a case of collision, and the question is as to which party was in fault. It is a question mainly of fact, and I have neither the time nor the disposition to discuss at length the evidence. The steamer Hickory was, at the time of collision, proceeding up the Mississippi river, while the J. S. Neil was descending. They collided in the channel nearly opposite the foot of Goose island, about 30 miles above Cairo. It is conceded that, in due time, the pilot of the Hickory gave the usual signal to the Neil to keep to the larboard, whicu was answered by a signal denoting assent^ It was, therefore, the ��� �