The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This suit is brought to recover damages alleged to have been caused by collision.
Ownership and incorporation of the respective parties as alleged in the pleadings proven as alleged.
The tug Rochester was, during the currency of process hereunder, within this district and the jurisdiction of this court, and jurisdiction is conceded.
The Erie Railroad Company tug Rochester was a Diesel tug, and her engine controls were located in the pilot house.
On the night of September 28, 1932, the tug Rochester picked up, on the starboard side of the tug, in New York, a carfloat loaded with empty cars bound for Erie docks in Jersey City, and proceeded for the Erie docks at Jersey City, which are just above the Pennsylvania Railroad Company docks.
There is a dispatcher's office on the end of Erie dock 4, just above the ferry. Below Erie dock 4 is Erie dock 2, and below that is Pennsylvania dock M. Below Pennsylvania dock M follow in their order docks L and K.
There was at that time a dredging lighted buoy D, 185 yards 138 degrees true from southeast corner of pier 2, foot of Pavonia avenue, Jersey City, in 35 feet.
When the Rochester and her tow arrived quite a distance off between Erie docks 2 and 4, according to custom, she blew the customary location signal to the dispatcher, who replied with a signal indicating that the Rochester should put her tow in dock 2, that is between Erie dock 2 and Pennsylvania dock M.
The Erie Railroad had put 5 or 6 floats abrest on the south side of Erie dock 2. There were five boats, not more than two abreast, on the north side of the rack of Pennsylvania dock M, and the master of the Rochester said that none of these boats on the north side of dock M interfered with the navigation of the Rochester.
The master of the Rochester testified that the lighted dredging buoy did not interfere with his navigation.
There were seventeen floats abreast moored at the end of Pennsylvania dock L, and five or six floats at the end of Pennsylvania dock K.
Both of these last-mentioned cocks extended out in the river a shorter distance than dock M.
Having received the location signal, the Rochester maneuvered to take her float into dock 2 by dropping down and heading up against a strong ebb tide, the wind ...