The New York

WARD, Circuit Judge.

May 28, 1907, the flat-bottomed scow Mary Bulger, 100 feet long, 27 feet beam, was lying with her starboard side alongside the bulkhead at Rodgers Island in the'Hudson river, loading ice. At about 11 o’clock the steamboat New York passed down the river on one of her regular daily trips. In accordance with the usual practice the chute between the scow and icehouse was lifted as the steamboat approached, so that it should not injure the’scow when she began to rock in the swells that would. follow- The swells drew the scow off the bulkhead and threw her back on it twice. No…