Appeals from the District Court of the United States for the Northern District of California.

The history and facts of these cases are given in the opinion of the district judge (61 Fed. 338) as follows:

“On the morning of August 22, 18SS, between 9 and 10 o’clock, a collision took place in the entrance of the Bay of San Francisco between the steamships Oceanic and City of Chester. The latter vessel was sunk, and became a total loss, and several passengers on board of her lost their lives. Among those were Henry Smith and his daughter, Myrta Smith. Two actions were instituted in this court against the Occidental & Oriental- Steamship Company and the Pacific Coast Steamship Company, owners, pro hac vice, of the Oceanic and City of Chester, respectively, as co-defendants, to recover damages for the death of these two persons, — one of the suits being brought under section 377 of the Code of Civil Procedure of the state of California by Eliza A. Smith, as administratrix of the estate of the deceased Henry Smith, for herself and on behalf of Henry F. Smith and George G. Smith, infants and children of the deceased, as their guardian, praying judgment for the sum of $75,275; the other suit being brought under section 376 of the same Code, also by Eliza A. Smith, to recover damages for the death of Myrta Smith, an infant daughter of this plaintiff, in the sum of $20,000. These actions were brought originally with a view to the plaintiffs availing themselves of such common-law remedy as this court could afford by virtue of the judiciary act; but by a stipulation entered into by the parties, and filed September 7, 1893, it was agreed that these two actions were admiralty causes in personam, and should be treated as such. The causes were thereupon transferred from the common law to the admiralty side of the court; all objections and exceptions to the form of such proceeding, or of any proceeding prior thereto, as not being in accordance with the admiralty rules and practice of this court, being expressly waived. It was further stipulated in open court that the two causes should be consolidated for the purpose of trial, and that separate judgments might be awarded in the cases. On tln> 1st of September, 1890, the Pacific Coast Steamship Company, as charterer and lessee of the City of Chester, filed a petition in this court for a limitation of its liability under sections 4282-4289, Rev. St. II. S. Thereafter such proceedings were had that a decree was entered, giving the Pacific Coast Steamship Company the benefit of a limitation of its liability, and fixing the extent of such liability at $75, — the appraised value of a small boat saved from the wreck of the City of Chester. In view of this fact, thu libelants, on November 9, 1892, dismissed their action as to the Pacific Coast Steamship Company, and thereupon the liability of the City of Chester was eliminated from the case. * * * The Oceanic is a four-masted steamer of 3,808 tons register, with a length of 438 feet, a beam of lO1)!. feet, and a draught of 25 feet. She had been engaged in making voyages between the port of San Francisco and the ports of Hong Kong and Yokohama. She was thoroughly equipped and appareled, completely officered and manned, and in every respect a staunch and seaworthy vessel. On the morning of the collision she was entering the harbor of San Francisco, having just returned from one of her periodical trips to China and Japan. She carried, in addition to her cargo, about 1,000 passengers. She was leased by the White Star Company to the Occidental & Oriental Steamship Company. The City of Chester was a steamship leased to and operated hy the Pacific Coast Steamship Company. She was used in the coasting trade, and at the time 'tras running between this port and that of Iflureka, in this state. She liad a gross Tonnage of about 1,100 tons, and a net tonnage of about 8(50 tons; was nbom 205 feet in length, 32 feet, in beam, and 1(5 feet in depth. On the morning of the collision she was just proceeding on one of her regular trips, laden with freight and passengers, and was making her way out of this port. ,: * * (.yiiigion toox piyeo between half past 9 and a quarter of 10 on the morning of August 22, 1888, at the inner entrance to Sail Francisco Bay, known as ‘Golden Gate Channel.’ It occurred at some point between Fort Point and the land opposite, known as ‘Lime Point.’ The precise locality, owing to the fog then prevailing, and the conflicting testimony on that point, is somewhat involved in doubt, and can only-bo determined approximately. For a hotter understanding of the locality, and the movements of the two rofseis. rofctrenoe may be had to the accompanying map:

“The width of the channel where the collision took place is stated to be about seven-eighths of a nautical mile, or, by' chart measurement, about 5,200 feet. It is the narrowest point in the channel, and the whole body of water is navigable, almost from shore to shore. The sea, on that morning, was calm. The tide was flood. The pilot on the Oceanic fixes low water at <3:15 in the morning. Ferdinand Westdahl, of the coast and geodetic survey, fixes low water, by the tide tables, a little earlier, — 5:33. The difference is immaterial. At the time of the collision the flood tide had been running in for about three hours and a half, or nearly four hours. The testimony shows that in entering the channel the young flood tide makes on along the south shore, striking the land just outside of Fort Point, and from there deflects, and sheers off across the channel, nearly due north, towards Lime Point, until it reaches about mid-channel, — sometimes beyond it, depending upon the force of the current,--■-where it resumes the same course as the true tide coming in mid-channel. The evidence shows that there is a tide rip of considerable force from Fort Point to mid-channel, deflecting the course of vessels entering it, and making it necessary that in crossing the current outward they should starboard their helms, to make the rip and preserve their courses.”

After a full and complete analysis of the evidence, the consideration of the statutes and rules of navigation, and review of adjudged cases of similar kind, the opinion of the district judge gives the conclusion arrived at as follows:

“In view of-these established rules of navigation, the conclusion is reached that the Oceanic was at fault in her movements, and failing to use ordinary care in attempting to pass the City of Chester, and she is mutually responsible with the City of Chester for the damages resulting from the collision.”

In accordance with the opinion of the cou'rt, decrees were entered in the case of Henry F. Smith et al. v. Occidental & Oriental S. S. Co. in favor of the libelants for $10,000 and costs, and in the case of Eliza A. Smith v. Occidental & Oriental S. S. Co. in favor of the libelant for $1,000 and costs; and in each case the Occidental & Oriental S. S. Co. appealed.