ut if under the same influence they would go the same way.
Logs, floats, boards, various things the witnesses say all show the same
current. Then is not this test reliable? At all depths too the direction
of the current is the same. A series of these floats would make a line as
long as a boat and would show any influence upon any part and all parts of
the boat.
"I will now speak of the angular position of the piers. What is the amount
of the angle? The course of the river is a curve and the pier is straight.
If a line is produced from the upper end of the long pier straight with
the pier to a distance of 350 feet, and a line is drawn from a point in
the channel opposite this point to the head of the pier, Colonel Nason
says they will form an angle of twenty degrees. But the angle if measured
at the pier is seven degrees; that is, we would have to move the pier
seven degrees to make it exactly straight with the current. Would that
make the navigation better or worse? The witnesses of the plaintiff seem
to think it was only necessary to say that the pier formed an angle with
the current and that settled the matter. Our more careful and accurate
witnesses say that, though they had been accustomed to seeing the piers
placed straight with the current, yet they could see that here the current
had been made straight by us in having made this slight angle; that the
water now runs just right, that it is straight and cannot be improved.
They think that if the pier was changed the eddy would be divided and the
navigation improved.
"I am not now going to discuss the question what is a material
obstruction. We do not greatly differ about the law. The cases produced
here are, I suppose, proper to be taken into consideration by the court in
instructing a jury. Some of them I think are not exactly in point, but
I am still willing to trust his honor, Judge McLean, and take his
instructions as law. What is reasonable skill and care? This is a thing
of which the jury are to judge. I differ from the other side when it says
that they are bound to exercise no more care than was taken before the
building of the bridge. If we are allowed by the Legislature to build the
bridge which will require them to do more than before, when a pilot comes
along, it is unreasonable for him to dash on heedless of this structure
which has been legally put there. The Afton came there on the 5th and lay
at Rock Island until next morning. When a boat lies up th
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