Page:Federal Reporter, 1st Series, Volume 10.djvu/309

 THE ANT. 297 �excuse appears why she suffered herself to approach so near to the libellant as to reuder a collision unavoidable. Upon any theory of the case suggested she was in fault. Being a steamer with a long tow, about to pass another steamer, also with a tow, she onght to have avoided the latter. The excuse rendered by the master for not doing so is that he thought the Saxe was in motion, moving to the south. But vigilance and care on his part would have undeceived him some time before he came so near. He depended upon himself and not upon a lookout; and yet the ascertaining of such facts falls ■within the proper duties of a lookout, The obligation to have one, independent of the helmsman, on board of steamers navigating in the thoroughfares of commerce, has been so often reiterated by the supreme court that it is no longer an open question. St. John v, Paine, 10 How, 558; Newton v. Stebbins, Id. 607; The Genesee Chief, 12 How, 462; The Cathanne, 17 How. 177; Chamherlain v, Ward, 21 How. 548; Haney v. Steam-packet Go. 23 How. 293; The Ottawa, 3 Wall. 268. �In St. John v, Paine, supra, Mr. Justice Nelson, speaking for the court, (p. 585,) said: �"We are satisfled that the steam-boat was in fault in not keeping at the time a proper lookout on the forward part of the deck, and that the failure to descry the schooner at a greater distance than half a mile ahead, is attrib- utable to this negleet. The pilot-house, in the night, especially if dark, and the View obscured by clouds in the distance, was not the proper place, whether the Windows were up or down. The view of a lookout stationed there must necessarily have been partially obstructed. A competent and vigilant look- out, stationed at the forward part of the vessel, and in a position best adapted to descry vessels approaching, at the earliest moment, is indispensable to exempt the steam-boat f rom blame in case of accident in the night-time, while navigating waters in which it is accustomed to meet other water-eraft." �And in The Genesee Chief, supra, Chief Justice Taney states the law as follows : �" It is the duty of every steam-boat traversing waters where sailing-vessels are often met with to have a trustworthy and constant lookout, besides the helmsman. It is impossible for him to steer the vessel and keep the proper watch in his wheel-house. His position is unfavorable to it, and he cannot safely leave the wheel to give notice when it becomes necessary to check sud- denly the speed of the boat. And whenever a collision happens with a sail- ing-vessel, and it appears that there was no other lookout on board the steam- boat but the helmsman, or that such lookout was not stationed in the proper place, or notactually and vigilantly employed in his duty.it must beregaided as prima fade evidence that it was occasioned by her fault," ��� �