The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1870-05-23

ond signal the COLLISION was unaVolu-
able, and it was given to save life and
property. The testimony OF the pilot
of the Quickstep. given under the in
fuence of the responsibility resting on q
him, because he sounded both signals, 4
and the Quickstep was under his i'm 6
mediate management at the time Is,
that as he got above Priests Landing
Con Diamond Island), he saw light.
and was uncertain whether it was
a steamboat light, and, as a precau-
tionary measure, he blew one whis-
tie which was promptly answered by
one whistle. He then rung the bell
to stop, and then to back, and see
ing it was impossible for the
steamer to go outside Chat is, toward
the Indiana shore) and that, by back
ing, the Sullivan might, by POSSIBLE
ity, go inside Coward the island), and
not do any great damage, he blew two
whistles, in order to give the Sullivan
that chance. This is the explanation
in the answer, and of the principal
witness for the claimant. 1t is to be
| observed that there does not seem to /
be any doubt as to the course OF |
the Sullivan Immediately before the |
collision-headiDg down stream. and |
quartering toward the Indiana shore. |
| The form and depth of the
opening made in the Sullivan
by the collision, and the manner
! in which her bow was turned,
up the river establish that the Quick
! step struck the Sullivan rather square
than glancing blow, and therefore
would indicate some change Of course;
but however this may be. / think that
the Quickstep was in fault in what
was done by her when and immedi
! ately after the Sullivan was seen.
! Conceding the statement made by the
! pilot of the Quickstep when he first
saw the light - that be thought 1t
might be the light of another boat
| we must then Judge him by his acts.
Knowing that it might be steamer,
/ he must also have known that it was
E a descending steamer, and therefore
it was for him to sound either one or
4 two whistles. to show that be
: wished to take the right or the left,
: and it was for the descending steam
er to decide. Therefore when he
q saw the light, upon the supposition it
4 was that of steamer, he must have
Is believed he could 20 to the right or
/. he would not have blown but one
: whistle. Now there is no pretence
II that the Sullivan changed her course
till the second signal was given. and
r. it follows that if the pilot of the
e Quickstep could at the time he gave
N the first signal, see his way clear to
:. go to the right, every passing instant
0 of time, if the two steamers kept their
a course, would facilitate the move
4 ment, and if thelQuickstep gave way
y to the Sullivan, as the first signal in.
le dictated she would if required, then
its success was still more assured.
J. Then when in fact the Sullivan In an.
Z swer to the first signal, blew one
IN whistle, the pilot of the Quickstep
e. knet0 that be must keep to the right
in that is the Island shore, and should
4 instantly have governed himself &C.
r. cordinglY, and, if necessary, to avoid
D. meeting the Sullivan, he should have
4 ported his helm and gone nearer to
ii the island shore than he was moving
n at the time. If this had been done
IN at once, there would have been nc
D. collision, and am satisfied the judg'
Ie ment of the pilot at the time was cor
! rcct-that he could not have gone to
or the right. am also of opinion thai
70 there was fault in the Quickstep in
le in giving the second signal and
r | III A6T at the time
"a though it may be difficult to deter
20 mine precisely how much effect It had
a In producing the result When the
second signal was given the action o.
AZ the Sullivan shows that those WHIT
az managed her thought it was safer no
ri to change the original purpose, anC
a that 1t was some act done by thC
N Ouickstep that induced the Sullivan
lv to stop and back, after the second sig
3 nal.
in 1t will be remembered that we are
1e not considering whether the Sullivan
r was in fault. That, as has been al
le already said, has passed into a decree
of from which no appeal has been taker
ne and therefore an omission of duty
n required by the sixth rule of the 81
n pervising Inspectors may be noticed
r Diamond Island projects towards the
ID Indiana shore near Priests Landing
"a 1t is called by some Of the witnesse;
M tbs shoulder Of the Island. Quick.
n step before the lights of either were
o. seen by the other was below this
er shoulder and the Ollie Sullivan above
70 and it is probable each was so neaI
be the Island that when they were siz
Il. hundred yards apart they could not BIZ
" seen IN consequence of the bend in the
he Island, Under such circumstance:
Id the rule requires that at the distance
ht of six hundred yards from the bend
l. the pilot of the ascending and of the
I'd defending steamer shall give a sigma
ep by long sound of his steam whistle
pg This seems not to have been done By
Ii either of these steamers in this case
of In conclusion, | may add that
be can have no doubt of the right of The
as Sullivan under the circumstances tC
be approach the shore of Diamond
at Island as was done at the time. She
IL was not confined to any particuIaI
wv part of the river; all that the law de
of manded was that she should be man.
I'd aged with due care and skill and SC
p. run on the river as to comply with
Is the rules Of navigation when ap.
og preaching or meeting other craft
Of The decree of the District Court is
N affirmed.