Page:Federal Reporter, 1st Series, Volume 1.djvu/936

 9,28 FEDERAL REPORTER. �gross ignorance or wilful negligence of ^hose in charge of her, and there is no evidence of either. �It further appeared that the master did not report the approach of the steamer to the man at the wheel. But as it appeared his failure to do so did not resuit in any change in the schooner's course, or in any way contribute to the acci- dent, the circumstance is of no importance. �As to the last point of defence, it appears that the schooner did not show a lighted torch, as sailing vessels are required to do on the approach of a steam vessel during the night time. Eev. St. § 4234. But it is also clear that this did not contribute to the accident. The schooner's light was seen from the steamer a mile off, as far, certainly, as a lighted torch on deck could have been seen, and in season to avoid the collision if proper precautions had been taken by those on board the steamer. Under the eircumstances it is settled that the failure to show a torch by the sailing vessel does not excuse the steamer. The Leopard, 2 Low. 239. �It is well eettled, in cases like this, that the burden of proof is on the cteamer to show a a sufficient reason for not keep- ing out of the way of the sailing vessel. The Garroll, 8 Wall. 302; The Java, 14 Blatch.' 524. �Upon ail tho evidence I am of thu opinion that the claim- ants have not sustained this burden, and that the collision in this case arose from the negligence of those in command of the steamer, in not making sufficient allowance for the high rate of speed, a mile in three minutes and thirty-two seconds, with which the two vessels were approaching each other. �The entry in each case will be, interlocutory decree for libellants. ���END OF CASES IN VOL. 1 ��� �