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tthe MARITIME LAW. | COLLISION—STEAM VESSELS APPROACHING— | CONTINULD SHEER—FAILURE TO SLOW AND | | STOP. } U. 8. District Court, Southern District of New York Libelant’s eteamboat, the City of Albany, was going up the east river, «ad the steam tug Municipal, he'onging to the city, was coming down, A Catharine street ferry boat passed between them and the tug, to pas+ under her stern, sheering toward the New York shore. The City of Albany whisiled twice to the tug, to indicate thar the latter should pass between her and the ferry bout: these signals she afterward repeated, and stopped her engines on perceiving that the tug was still cheering toward the New York shore, and muintaining ber -peed. The a tempt of the tug to cross the bows of the steamboat failed, »nd she collided with the Jatter; she did not atop until almost the moni. ent of collision, Held, that the tug was in fault for such eontinued sheer «cross the steamboat’e bows, for not reducing her speed when she saw thit a common understanding was not bad and for not rever-ing svover. That the steamboat was without fault ard should recover her damage. Brown, J. On the 26th of October, 1886, nt about 2:30 p. m.,"as the side wheel pas-enger steamer CASA-BY-ANGHOR. The boy stood on the burning deck, There isn’t any doubt; And yet who saw him on the wreck? Who really heard him shout? Should he have stood and roasted there With jolly boats so near, And bragged about his fierce despair, Nor walked off on his ear? Why not give one good roar for oars? Assail his pa for sail To waft him toward the fishing shores? Why stay aboard and wail? What wonder, standing there, he seemed So beautiful and bright? Who couldn’: while around him beamed That lovely T.tian light? : His pow wow with his father, I Regard as tempting fate; If he declines to early die, Why stay there aud dilate? Pa, can’t you speak—a little piece? Just try a sneeze or cough, My nearest kin, kin you release, Orare you, father, off!’ And while his father slept below The boy, he never stirred; One of a“race” who never “go,” City of Albany bound for Nortolk, Conn., was going under the east river bridge, the Catharine street ferryboat Republic was leav- | ing her New York slip just above the bridge, and the City of Albany slowed and stopped to pass astern of her. Soon after the Re- public had passed the respondent’s steamer Municipal was seen coming down river, as I find somewhat on the Brooklyn side of the stream. She also exchanged signals with the Republic to go sstern of the latter; and in order to do, as her pilot testifies, she was ob liged to sheer somewhat to the New York shore. The City ot Albany thereupon gave a signal of two whistles, in dicatifig that tke tug should pass be:ween her and the ferry boat; and at the same time she slowed. Hearivg no answer and the tug still sheer- ing toward the New York shore, she soon repeated her signal and stopped. They came in collision soon after about oppo-ite pier 39, not over 800 or 400 feet from the New York shore. The City of Albany at the time of the collision was heading a little toward the New Yok shore; and the tug had gheered around so as to head either ci rectly toward the shore or aliitle up river. Captain Sherwood of the tug, I must find upon the weight and proof, to be mi taken as to his precise place in the river; he was at least half way across toward the Brooklyn shore, and probably more. The direct testi- ‘mony of the other witnesses to this effect is confirmed by the fact that he could not have made the turn he did before collision; and by the further fact that if the tug had been any from a third to half way across the river scarcely any sheer would have been neces- sary to enable him to pass astern of the Re- “public, as Coffey’s evidence shows that the Republic was nearly in her slip in Brooklyn at the time of the collision. _ As the tug was,coming nearly straight down river, it ie clear that she had the City of Albany considerably on the starboard bow, and the tug was also a conriderable distance off the starboard bow off the latier. In that situation at the time when the vessels first observed each other, and when they were pound to take the proper measures to avoid each other, there was no risk of collision, since the course of each was still well clear of the other starboard to starboard. The collisio, was brought about solely by the long continued sheer of the tug, until ehe had changed fully 8 points in her course, so as to bring ber under the bows of the City of Albany. This was wholly unnecessary and was bad navigation. The two whistles of the City of Albany first given were heard by the pilot of tug it is said, as only one, Conceding that tLere was no fault in not understunding the first signal of the City of Albany, it was never- theless very soon plain that she was not manceuvering in accordance with a signal of one whistle, Under the inspector’s rule 8, which provides for such a case, it was the duty of the Municipal immediately to bring her speed down to “bare steerage way.” In like manner, when no answer was beard by the tug to her first signal to the City of Albany, prudence required her to slow. The tug kept on, however, at full speed, till so near the City of Albany that her engineer did not have time to reverse the engine be- fore collision. The faults of the Municipal, therefore, are these; first, for unnecessarily and improperly sheering across the course of the City of Albany ; second, for ‘not bring- ing her speed down to steerage way, in ac- cordance with inspector’s rule 3, as soon ae it was plain that a common understanding was not had, and third, for not backing sooner than she did. Upon all the evidence, I do not find any faultin the City of Albany. As soon as her whistles were not. responded to, she slowed; soon after on repeating them, she stopped and backed. Her previous motion was moderate, and at the collision, though she probably hada little forward motion, to be inferred from the effects on the tug, it must have been small... The tug was easily hatidled; her continued sheer. could not have been anticipated, contrary to the repeated signals of the City of Albany, and her signals were the proper ones in the situ- ation; and she both stopped and reversed as soon as stopping and reversing could reasonably be supposed requisite. She can- not therefore, be held in fault. The Green- point, 21 Fed. Rep. 281, The libelant is entitled to a decree with costs and a reference to compute the dam- age. earch 28, 1888. Unless they they ‘‘get the word.” He called a'oud, ‘‘Am I allowed Your leave to leave?” Your son Stands fire, you know, but don’t you crowd The things; I’m toasted done. Of course I’ll do what you desire, If you’re laid on the shelf; I burn with ardor—but this fire! You know how ’tis yourself, “Speak, father, I woula ve released! I list your loving tones;”’ He knew not that his pa, deceased, Had gone to Davy Jones. Upon hia brow he felt the heat, Yet stood serene and calm, With only now and then a bleat, Like Mary’s little lamb: The yards and spars did burn and snap All in the wildest way; Not e’en a shroud was left the chap, And he the only stay. There came a burst of thunder ; eal— Qood gracious! Pretty soon Boy, ship and anchor, flag and keel Went up asa balloon. And when this sound burst o’er the tide, The boy, oh! where was he? Ask of the winds, for none beside Stayed long enough to see, With mast and helm and pennon fair That acted well enough, The sickest thing that perished there Was that young sailor muff, Now, boys, don’t take a cent of stock In Oas—a—bi—an—ca; The spots from such a son they’d knock, Our young A—mer—i—ca, Marine Recon. SHIP CHANDLERS, SAIL MAKERS AND RIGGERS. IMPORT! RS AND WHOLESALE DEALERS IN Wire Rope, Qanilla, and Garred Cordage, Canvas, Blocks, Ouk- umn, Gar, Pitch, Oars, Ans thors, Ohuins, te. | 116 & 119 RIVERST., & 134 & 135 DOCK CLEVELAND, OHIO. | J. W. 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