On the thirteenth of April, 1883, as the steamer Bose-dale was coming down the East river, abreast of Blackwell’s island, at the rate of from 16 to 18 miles an hour, the sloop Alida was seen
The sloop’s witnesses say that the plaice of collision was not more than one-third of the distance across from Blackwell’s island. A disinterested witness, who was in the pilot-house of the steamer, confirms the steamer’s testimony; and I must hold that the steamer, at the time of collision, was near to the western shore. They state, also, that the sloop, at the time of the collision, was heading a little down river; while the sloop’s witnesses say that she was heading about directly across the river. There was a good sailing breeze, and the sloop was going at the rate of at least four knots. She could easily sail within from five to six points of the wind. Her witnesses say that in coming about, the sloop is liable to pay off from one to two points from her true course. Admitting this, it does not explain why the sloop should have been suffered to head directly across the river, as her own witnesses admit, or somewhat down river, as the steamer’s witnesses assert. This was at least from three to five points off from her course, and much in excess.of her liability to pay off in tacking. Besides, as the collision was on the western side of the river, the sloop, if properly handled, would have picked up and reached her true course some time before coming to the place of col-' lision. I cannot find any explanation of the course and heading of the sloop prior to the collision compatible with ordinary care or skill in navigation on her part. Had she kept her proper course on her starboard tack, as required by rule 23, no collision would have happened. - The captain of the steamer supposed the sloop would go astern; she would have done so had she been kept up to the wind on her proper course, as she might and ought to have kept, and as the steamer had a right to suppose she would be kept. The statutory rule that requires steamers to keep in the middle of the East river applies only “between the Battery * * * and Blackwell’s island.” 4 Edm. St. 60. In going very near ta the west shore, the steamer violated no rule or regulation of navigation, and I am inclined to