Page:Federal Reporter, 1st Series, Volume 10.djvu/310

 29S FBDERAL REPORTER. �These observations are pertinent to the case under consideration. I am aware that the absence of a looliout is unimportant in all cases where the collision arose from other causes, and such absence did not contribute to the loss or disaster. But it cannot be safely affirmed here that the collision is not directly traceable to the neglect in not having a vigilant lookout. It is true that the master in the ■wheel-house saw the Saxe and her tow when distant from a quarter to a half a mile — none too soon, with her tow of nearly an eightii of a mile in length, to have avoided her if he had begun at once to make preparations to do so; but, perhaps, soon enough. He made no attempt, however, although having abundance of room on either side, to get ont of the way, but continued for six or seven minutes to bear directly upon the Saxe, and did not determine she was stationary until he came within a few hundred feet of her. He then starboarded his helm — a movement which enabled his tug to escape ; but any skil- ful navigator must have known that the momentum of the tow and the force of the tide rendered it impossible for him to pull his tow through without colliding. It was still more faulty navigation, in my judgment, after slacking his speed and finding out that his tow had become entangled with the tow of the Saxe, that he should hook np his engine and endeavor by main force to disentangle them. The damage was caused by this movement, and I have no doubt about the unskilfulness, negligence, and fault of the master of the Ant, and hence the responsibility of the elaimants to answer for the damage. �2. Whether the lights exhibited by the Saxe misled the Ant, and thus contributed to the disaster, is a more difficult question to de- termine. It depends upon the construction to be given to the rules prescribed by congress to prevent collisions on the water. These are found in section 4233 of the Revised Statutes. �The following are the only rules that seem to have any bearing upon the present case : �ihe second is that " the liglits mejitioned in the following rules, and no others, shall be carried in all weathers, between sunset and sunrise." ihe fourth requires that " steam-vessels, when towing other vessels, shall carry two bright whitc mast-head lights, vertically, in addition to their side lights, so as to distinguish them from other steam-vessels." Theflfth is that "all steam-vessels, other than ocean^golng steamers and steamers carrying sail, shall, when under way, cariy on the starboard and port sides lights of the same character and construction, and in the same position as are prescribed for side lights by rule 3. " The tenth is that " all vessels, whether steam-vessels or sail-vessels, when at anchor in roadsteads or fair-ways, shal!, between sun- ��� �