Kvan-wow v, Capt. Youxo, Thales, Claim $99.50, for damages sustained by collision, Plaintiff said he was the owner of a cargo-up the river with a cargo of coals. He was boat, On Sunday afternoon, se. was coming on board, and when near the police bulk, seeing a steamer coming up, he told his men soul faster to get out of the way, and ho also beckoned to the steamer, not to run into them. Shortly afterwards the collision occurred, and the crew of the boat and himself were knocked overboard. Ropes were thrown to them and they were drawn up on board the freamer.. The steamer struck the boat in auch a manner as to keep her above water while she proceeded, but since the steamer had been moored she lind sunk.
Capt, YouxG said that he was on the bridge when the collision occurred, Two minutes before it happened, and while the Tales was steaming at dead slow through the chow-chow water, he saw the boat coming in a direction to cross her bows. The whistle was blown directly, and the chief officer waved his handkerchief to the men as a signal for them to look out, and not to come on, The channel is narrow at this part of the river, and they could not steer a steamer two-hundred and fifty feet long all over the place to clear the boat, but every effort was made to avoid the collision, the field being pat over as far to starboard as circumstances' would permit. Seeing, fever, that the steamer must cither caps the boat or collide with the Cadmus, orders were given to stop the engines and to steady the helm, the result being that the boat was caught broadside and capsized. She was crossing from Pootung to the Soochow Creek, and if the plaintiff had only remained where he was for another second when they first signalled to her, no accident would have oceurred. They were obliged to keep the engines going ahead in order to keep steerage way on the vessel. The boat had been towed on to the mud at tern of the Thales.
The navigating sub-lieutenant of the Curlew said he saw the collision. His attention was first attracted by hearing the steamer's whistle. The boat was coming over from the Pootung shore, and Capt. Young did all he could to avoid the collision, which he considered was entirely due to the attempt of the boat to cross the bows of the yun due itiff's foolhardiness. He had endeavoured to cross the bows of the steamer in order to save a little time or to avoid having to come up river again a little way against the ebbing tide; and in attempting to gain this object he urged hi men (according to his own account) and only succeeded in planting himself right under the bows of the steamer. The most ordinary prudence would have suggested his waiting till the steamer had passed. On the other hand, the steamer had done all that was possible to avoid the collision.
Sexe-Foxa-Yuxe v. Carr. Youse, Thales Claim, Tls. 57, for loss of coals.
This case arose out of the foregoing collision case. The coals on board the eargoboat
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