The collision in question took place on the 24th day of February, 1921, at about noon. The steam ferryboat Thoroughfare, running between San Francisco and Oakland, Cal., through Oakland Estuary, and sailing easterly on the southerly side of the channel, saw the steamer Enterprise with the tug Relief attached to her stern lying across the channel, with her stern toward the southerly shore. The Thoroughfare, when about 1,000 feet from the Enterprise, sounded one blast of her whistle, which signal was not answered. A few minutes thereafter the Thoroughfare sounded a second passing signal, which was *879 accepted with one blast from the Relief. The Thoroughfare then attempted to pass between the stem of the Enterprise and the edge of the navigable channel on the south shore, a space of about 100 feet. After the exchange of signals and continuously thereafter until the collision occurred, the Enterprise was dead in the water.

The tug Union was approaching the opening from the easterly side. She was located to the southerly of the center of the channel. Between the time of the exchange of signals and the collision there was no lookout on the Enterprise. The master of the Relief knew that the Union was approaching the Enterprise from the opposite direction, but the master of the Thoroughfare was without such knowledge. The Thoroughfare, when about half way through the opening between the Enterprise and the edge of the channel, swung to port, and collided with the stern of the Enterprise, thereby damaging the latter vessel and killing Ernest Haglund, one of her workmen.

The Moore Shipbuilding Company libeled the Southern Pacific Company, the owner of the Thoroughfare for the damages to the Enterprise. The administratrix of the estate of Ernest Haglund, deceased, libeled both the Southern Pacific Company and the Rolph Navigation & Coal Company for the damages arising from Haglund’s death. The former ease was tried first, with the result that the appellant, Southern Pacific Company, was adjudged solely in fault, and a decree entered against it for $5,000. The Haglund Case was submitted on the evidence taken in the Moore Case, and the court awarded $13,000 as damages against the Southern Pacific Company.

By stipulation the eases were consolidated for hearing before this court. The appellant contends that both eases should be reversed, on the ground that the collision and the ensuing damages was not caused by its fault, but solely by the fault of the Moore Company and the tug company.

Although there are 15 assignments of error relied upon in the Moore Case, and 14 in the Haglund Case, they have been condensed by proctor for the appellant as follows :

It is conceded that, “in cases on appeal in admiralty, when the questions of fact are dependent upon conflicting evidence, the decision of the District Judge, who had the opportunity of seeing the witnesses, and judging of their appearance, manner, and credibility, will not be reversed, unless it clearly appears that the decision is against the evidence.” Wilder’s Steamship Co. v. Low (C. C. A.) 112 F. 161, 165 ; The Alijandro (C. C. A.) 56 F. 624 ; The Quickstep, 9 Wall. 665 , 19 L. Ed. 767 ; The Carib Prince, 170 U. S. 655 , 18 S. Ct. 753 , 42 L. Ed. 1181 . But appellant insists that “none of the errors relied on here raise any question as to any of the facts found in Judge Dooling’s opinion. They have to do with the conclusions of law which he drew from these facts, and with other facts not found by him, because the conclusions of law (erroneous, we believe) from those actually found made it necessary. Hence we are not faced with any presumptions in favor of the decrees arising from presenting the evidence (in part) in open court.”

We are unable to agree to this proposition. The trial court, who heard substantially all of the testimony, made his findings and conclusions, and we find nothing-in the record which would seem to militate against the presumption arising from the rule above quoted, which has repeatedly been followed by this court.

We have carefully reviewed the testimony and considered each of the assignments of error, and we hold that the findings and conclusions as set forth in the opinion of the learned trial judge were amply supported by the evidence and law, and we therefore adopt the same as the opinion of this court:

“The essential facts are as follows:

We might add, however, that we construe Judge Dooling’s opinion as holding that the Thoroughfare was guilty of negligence :

In any event, we so hold, and, further, that such negligence was the proximate cause of the collision, and that the Thoroughfare was solely responsible for the damages which resulted therefrom. Negligence is the basis of the action in each of the two cases, and on this issue the trial court held the appellant liable, and we think rightly so.

BUDKIN, Circuit Judge, concurs in Southern Pacific Company v. Moore Shipbuilding Co., No. 4925, having taken no part in Southern Pacific Company v. Haglund, No. 4926.

HUNT, Circuit Judge, concurs in Southern' Pacific Company v. Haglund, No. 4926, having taken no part in Southern Pacific Company v. Moore Shipbuilding Company, No. 4925.