Had worked over about 100 feet on the west bank when steamer struck the scow. ![]() Commenced hauling over when sighted the steamer. Steamer approaching generally blows three whistles, and, if dredge is ready to move, she answers with three whistles, and, if she is not ready, she does not answer at all was moving dredge when collision took place. Sutton, operator of the dredge: 'The big light on dredge could probably light a distance of 60 feet around, and possibly more than that. Clarke, the engineer of the tug, said it was customary when a vessel was approaching for her to give a signal by three blows of the whistle, and in response to them the dredge blows three whistles, and then hauls out to the west, and the vessel goes to the east. That the dredge and barge (scow) were both equipped with the lights required of them, and the lights were brightly burning. The dredge is then pulled to the west and the vessel passes to the east. That it was customary when a vessel was approaching to notify the dredge of its approach by blowing three blasts of the whistle and within one-fourth of a mile, and if the dredge is in a position to clear the channel it responds with three blows of its whistle to notify the approaching vessel that it is in a position to move out of the way. The negligence charged in the libel is: That the vessel proceeded up the channel before she received the customary reply from the dredge, which was to notify her that the dredge was in a position to clear the channel, or without going sufficiently to the eastward to avoid a collision with the dredge or her barge (scow) should she be found still engaged in dredging without having moved to the westward as customary. The following is the opinion of Toulmin, District Judge, in the court below: ![]() United States Court of Appeals, Fifth Circuit.
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