42 F. 75 | U.S. Circuit Court for the District of Southern New York | 1890
The findings, taken in connection with tbe opinion of tbe district judge, (34 Fed. Rep. 763,) sufficiently indicate the grounds of affirmance. Had the navigation of both vessels boon in accordance with their agreement, there would have been no collision. What-, then, was the agreement, and who failed to keep to it? The Rosecrans and the Delaware being each in the “fifth situation ” relatively to the'St. Johns, which was on their starboard hand, were required by the rules to port, and pass astern of the St. Johns; the latter continuing on her course, and passing ahead. For some reason or other, the pilot of the