The Supply No. 4

SWAN, Circuit Judge.

This appeal involves a collision in the East River between the libellant’s motor tanker Supply No. 4 and the claimant’s tug Dalzellea. It occurred about 7 o’clock in the morning on March 12, 1938, as the tug was emerging from a slip on the Brooklyn side and the tanker was proceeding up the East River close to the pier ends. The day was clear, with only a light breeze; the tide had run ebb for about an hour. As the district judge stated in his opinion (unreported), there was no reason for the collision except carelessness, and the question was whether both vessels were at…