Page:Federal Reporter, 1st Series, Volume 10.djvu/406

 884 fBSESAL BEFOBTEB. �The Alabama.* �{Circuit Court, E. D. Louisiana. June, 1881.) �1. CoLi-isroN— LiGHTs— ToRcn— Rky. St. 4234— Nbglioencb on Both Sides. �Libellants found to be in fault for not having red and green lights properly screened, and for not liaving a torch or flash-light to show on the bow of their boat when she approached the steam-ship. The steam-ship was in fault for not avoiding the collision, havinc sighted the smack two miles ofC. Damages dividod. �Action for damages for a collision which ocourred in Mobile bay on the fifth of January, 1878, between the sloop-smaok Charles Henry and the steam-ship Alabama, both being under way. The defence alleged that the smack did not have a proper watch on deck ; did not have her lights properly set and screened.; and did not have the torch-light at her bows, as required by the laws of navigation. Therewas judg- ment in the district court for libellant for $1,083.86, and claimarits appealed. �Geo. H. Braughn, Chas. F. Buck, Max Dinkelspeil, and J. Word Gurley, Jr., for libellant. �Emmet D. Craig, for claimant. �Pabdee, 0. J. After examining the entire record', I fin d that the sloop-smack Charles Henry, at the time of the collision with the Alabama, and just prier thereto, was in fault in not having her red and green lights properly guarded and screened ; in not having a torch or flash-light to show on her bow when she approached the steamer; and i am somewhat inclined to believe that there was no watch on deck. The failure to screen the red and green lights made it impossible to tell, on board the Alabama, what the course of the Charles Henry was, within some ten points. Her course might be north-east or north-west, and aboard the steamer she would appear to be coming head on. There can be no doubt that the shining of these lights on the Charles Henry confused the pilot of the Alabama, and rendered the collision probable. The evidence, though slightly confiieting, satisfies me that the Charles Henry never changed her course ; and, whether her men were below or on watch, it was the duty of the steamer to keep ont of her way ; it was in the open bay, where there was plenty of room, and the sloop was seen by the quartermas- ters of the steamer near two miles oli. If the sloop had no lights at �♦Reported by Joseph P. Hornor, Esq., of the New Orleans bar ��� �