Page:Federal Reporter, 1st Series, Volume 10.djvu/313

 THE ANT. 301 �from its phraseology, interpreted in the light of the provisions ot the tenth rule, that the two white vertical lights also signify that the to\» is in motion. In navigation, a vessel aground is in circumstances quite similar to a vessel at anchor; and the spirit, if not the letter, of the two rules is best ascertained by holding that a steamer with a tow, whether aground or at anchor, should exhibit the single light required by the tenth rule. �The Ant was misled by the double. vertical lights, and was brought into much doser proximity to the tow than she probably would have corne if she had been advised by a single light that the Saxe was not in motion. The testimony shows such ignorant or negligent naviga- tion on the part of the master of the Ant that it is doubtful whether he would have cleared the Saxe on an exhibition of the legal signal ; but, under the circumstances, I think the claimants are entitled to the benelit of the doubt. �As the Saxe thus contributed to the collision, I must hold her also in faolt, and order the damages to be divided ; and a decree will be entered accordingly. ��� �