side of the channel and then swung to her right with slow right rudder.
16. Captain Knowles was acting as lookout on the uppermost and most forward point on the Carryall, as she was proceeding in tow of the Syosset, holding chose to the Buoys on the easterly side of the channel.
17. The Tycol was being navigated from her wheelhouse, which is 180 feet aft of the stem of the tanker. No lookout was on the forecastle of the Tycol.
18. As the Tycol rounded into Newark Bay Channel she showed her green light and the Syosset immediately sounded a one-whistle signal and slowed. The lookout had reported 'A tanker coming out of Port Newark' and the Captain (Captain Townsend) navigating the Syosset, answered that he saw the tanker.
19. The Tycol soon shut out her green light and showed only her red and thereupon the Syosset resumed speed. At full ahead under the conditions existing on this occasion, i.e., the Carryall having ballast, but no cargo, and being towed stern first with the tug alongside, the tug and tow make 4 1/2 to 5 knots.
20. Thereafter the Tycol showed her green light and the Syosset slowed again because, as the Syosset Captain said, the Tycol made a 'zigzag on me.' At this time the Captain of the Syosset knew 'something was wrong aboard there' on the Tycol.
21. Following this, the Tycol again showed her red light.
22. Thereupon, the Syosset, without having blown any whistles, went full ahead ahead.
23. Thereafter the Tycol again showed her green and blew two whistles.
24. While the Syosset then reversed, the vessels were so close that the collision could not be averted. The collision occurred at the easterly edge of the channel and was of such force that the Syosset Captain thought it had knocked the Tycol off the place where he thought she had run aground ahead of the Syosset.
25. The Tycol on first sighting the Syosset and Carryall thought they were at anchor. Shortly thereafter she thought they were going out to sea ahead of the Tycol.
Conclusions of Law
1. The Tycol admits she was partly at fault, as in violation of the Narrow Channel Rule.
2. The Tycol's zigzag course also showed her at fault.
3. The Syosset was at fault, when she realized there was danger ahead, in failing to stop and reverse her engines soon enough, and in failing to give the danger signal soon enough.
4. Decrees in accordance with the foregoing findings of fact and conclusions of law should be entered, with a bill of costs from each libellant, and with the usual order of reference to a commissioner to ascertain and report on the quantum of damages.
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