74 F. 572 | 4th Cir. | 1896
(after stating the facts). The testimony in this case is conflicting. The trial judge examined the witnesses in open court, saw and heard them. His conclusion, in this conflict of evidence, is entitled to great respect. The Alejandro, 6 C. C. A. 54, 86 Fed. 621. Besides this, assuming that, the Lucy, after she had concluded to go down on the east side of the channel, then took every precaution, by getting close to the shore, even ‘‘putting her nose in the bank,” yet the fact of the collision shows that in coming to this conclusion she blundered. The collision was certain to result from the adoption of this course. The small tug and her heavy tow were in the channel, unable to control their action. The barges behind the tug were all swinging towards