42 FEDERAL nmronrun.
other, so much more important and controlling as to make the latter
the proper sole cause of the collision, and the violation of the rule,
the remote and immaterial cause only. The E. A. Packer, 20 Fed.
Rep. 327, 329; The Maryland, 19 Fed. Rep. 551, 556.
In this case there were doubtless other faults on both sides, which
I shall presently notice. But the evidence does not show with such
certainty the precise place of the collision in reference to the turn of
the Plymouth Bock to the eastward, as warrants me in holding that
the attempt to pass in the narrow and tortuous channel at Hell Gate
was immaterial. The large steamer Pilgrim was following up a little
astern of the Plymouth Bock. Shortly before the collision she gave
the Dentz a signal of one whistle, meaning that she would pass the
Dentz on the latter’s starboard side, to which the Dentz also assented.
This was an additional violation of the same rule of the supervising
inspectors, that increased threefold the dangers of the passage. The
Pilgrim had been in sight, and the Dentz may possibly have sup-
posed she was bound to leave space for her; and if the Dentz intended
to go iu mid-channel, so as to leave room for one steamer on each
side of her, there was great liability to error of judgment in this at-
tempt.
The duties of these several steamers must, however. be considered
in reference to the inspector’s rules, as much as to the st-ttutory rules.
When the Dentz had agreed that the Plymouth Bock might pass upon
her port hand, it became the duty of the Dentz to give ample space
by going upon the starboard side of the channel, which was unob-
structed, and by keeping on that side all the way around the bend to
the right a little above Flood rock, under a port wheel, so as to give
the Plymouth Bock, with her great length, room to swing without
danger. Instead of doing so, the Dentz, even according to her own
testimony, was no further to the right than mid-channel, and was
kept heading directly towards the Hog’s Back on the northern shore.
As she makes the place of collision one-third of the distance towards
the Hog’s Back, it is not impossible that the collision arose after the
Plymouth Bock commenced her swing to starboard.
Considering the testimony of the libelant, who is mainly in the sit-
uation of an impartial witness, it is probable that the collision was
not as near to the Gridiron as the witnesses for the Plymouth Bock
state. But in view of the narrow channel, the sharp turn of nearly
· a right angle just beyond Flood rock, and the great length of such
boats as the Plymouth Rock, Imust hold it a culpable fault in the
_ Dentz-First, to have assented to any departure from the inspectors’
rule; and, second, having done so, not to have kept upon the star-
board side of the channel-way, directly _around Hallett’s point, so as
to give undoubted room for the Plymouth Rock to make her necessary
turn. ‘
. 2. The Plymouth Rock is also in fault, both for deliberately vio-
lating the inspectors’ rule, and also for not stopping and backing in