46 FEDERAL nmroamn.
cross the course of the latter in a distance of 300 feet., Q The ferry-boat
was then 20 feet from shore, and her length was 130-more, which made a
her bow 150 feet out in the stream. The ferry·boat was making 4% feet
a second, and the Mikado 7% feet in the same time. At this rate the
Mikado would pass over the 300 feet in a little less than 41 seconds, while
the ferry-boat would move forward 150 feet in alittle more than 36
seconds, and thus bring them bothvto the point of intersection within
less than 5 seconds of each other. V V
VFrom this i_t is evident that it ought not to have escaped the attention
of a competent and attentive pilot that if the two boats continued to
move as they did at and after the whistles were blown, the Mikado would
most likely collide with the ferry-boat at some point along her length
of 130 feet. The engineer of the ferry—boat testified that he got the bell
to reversethe engines in about a half minute after they were stopped.
In that time the ferry-boat would move over about 140 feet, which
would put her bow 290 feet from the shore, and at right angles withthe
course of the Mikado, when herengines were reversed. It is therefore
quite evident, notwithstanding the testimonyto the contrary, that the en-
gines of the ferry-boat were not reversed until or just before the moment
of collision. > s
These conclusions as to distances, times, and rates of speed are, of
course, only approximately true, They are drawn from widely discrepant
- and contradictory statements of witnesses, most of which are at best but
indefinite impressions and off-hand guesses.
But of this fact there is no doubt: These two boats came into colli-
sion under circumstances from which it plainly appears that either of
them might easily have kept out of the other’s way, and that the death
of Philip J. Holland was caused thereby. » i
The pilot of the ferry-boat,` after, responding to the signal of the Mi-
kado, and seeing that she was about to pass directly in front of him,.
ought to have reversed his engines at once, and- thus have avoided the
collision. Instead of this he allowed his boat to keep moving forward
towards the point of collision, apparently relying on the fact that there
was plenty of room for theMikado to pass to the starboard of him, and
if she did not keep out of theway, and a collision occurred, she would
certainly get the worst of it, andbe more careful in thefuture. , w
i‘ On the other hand, when Jones saw that the ferry-boat was moving
through the water at right angles with his course, and her forward -end
within less than 200 feet of it, he ought sto have ported ·his helm, and
. passed at least 100 feet in frontof her, or reversed his engines and waited
for her to go by. Instead of this, he willfully held on his way, actingf
apparently on the idea that as he had what, by virtue of the signals, he
ea1led·‘s‘.the rightiof way," he was justified in passing so far to the left as
to compel the ferry-boat not only to stop her engines, but to reverse them.
to back out of his way; and this, notwithstanding there was-a breadth
of not less than 700 feet of good water on his right, the very side of the
riverlto whichhe wasbound, andthe obligation he was under, to carry
the deceased.¤aud his fellowpassengers safely,_so far as practicable, “.by·