38 F. 271 | E.D. Pa. | 1888
On the 14th of May, 1887, the libelant, laden with sugar, and bound for Philadelphia, was beating np the Delaware river against a north-east wind, in charge of a competent pilot. Between the hours of 2 and 3 p. m., when off Reedy Island piers, near the east side of the channel, she turned about, and tacked westward, across the river. At this time the Bruce, having the Hamilton Fish in tow astern, was from one to two miles below, steaming up the western side of the channel. The vessels held their respective courses until the Bruce was about .passing the bark’s bows, so close as to render collision with the. Fish probable, if not inevitable, when the bark, to avoid the danger,, changed her helm, and sought to go about. She succeeded in turning her head up'., to the wind, but immediately fell back, and came into collision with the ship. Her witnesses attribute the failure to get about to a sudden change of wind. The bark’s li.bel charges the tug with negligence in failing to go astern, and to reduce her speed; and,charges the ship Fish with negligence in failing to cast off or cut her hawser, when the danger