The Socony No. 5

MANTON, Circuit Judge.

On October 15, 1918, the Pawnee, appellee’s steamer, left Pier 44, North River, with a general cargo bound for Philadelphia. The weather was clear, the wind northwest, and the tide flood. She proceeded down about mid-channel, with the master and first officer in the pilot house, a sailor at the wheel, and a lookout stationed forward. She observed the Socony No. 5, appellant’s steam tug, about 2,000 feet away and from two to three points on the starboard bow, with two barges made fast, one on each side. This flotilla was proceeding out from the anchorage ground below the…