WIC FEDERAL amroizrnn.
A S ‘ I am of the opinion that this rule was applicable to the circum-
stances of this case. But, even in the absence of such express regu-
lation, it wasa clear dictate of common prudence that the Rescue
should remain below the mouth of Glass-house ripple until the Eugene
I had emerged therefrom. The latter was the descending boat, and had
the right of way. She was burdened with a full tow, and hence in a
V measure was helpless to overcome the set of the current which is to-
wards the wing-dam. All this the pilot of the Rescue knew, or was
bound to know; and for him to enter there was to assume an unnec-
essary hazard, and was altogether indefensible. , \
lt is said, however, that the Eugene was in fault in not warning
the Rescue back. But to this I cannot assent. The signal which the
Eugene had given merely indicated her choice of sides, and was by
no means an invitation to the Rescue to enter this channel. The pi-
— lot of the Eugene had enough to do to attend to the proper navigation
of his own boat. Moreover, each of two approaching vessels may as-
sume that the other will reasonably perform its duty under the laws
~of navigation. The Free State, 91 U. S. 200. But were it conceded
thatthe rescue was justified in entering Glass-house ripple, still she
` _ was highly culpable in not abating her speed. The expert testimony
is to the effect that it was very dangerous for her to work on a full
head of steam in passing the Eugene, and this is demonstrated by
what actually occurred. The respondents, however, insist that the
lost boat was not seaworthy for lack of proper splash-boards. But
that theywere reasonably sufficient is, I think, a fair conclusion from
the whole proofs. Moreover, I am convinced by the evidence that no
ordinary sp1ash·boards would have prevented the swells caused bythe
wheel of the Rescue from overiiowing the coal-boat.
· As to the value of the lost property, there has been no serious con-
» troversy. The claim as set out in the bill annexed to the libel seemed
to be well made out. ' ·
Let a. decree be drawn in favor of the libelant for the amount
claimed, with costs.