Page:Federal Reporter, 1st Series, Volume 2.djvu/108

 FAEWELL V. STEAMBOAT J. H. STARIK. 101 �sight, for some reasonsnot fuHy explained, protiatly in consequence of Beeing other vessels ; and that the steamer was negligent in her lookout, nnd did not observe the schooner till she saw her red light on lier star- board bow, and so close that It was too late to avoid a collision, although she then rung to stop and slow. �Bame— SAitE — Vkbskl Keeping Heb Course — "The cases in which a vessel is bbund to disobey the positive rule which requlres her to keep her course on meeting a steamer, and in which she is chargeable as a fault for not doing so, are very rare indeed, if any such caso ever oc- curs." �♦Sasik — SAurE — Faihjhb to Show a Flash I.ight— Rev. Bt. ♦ 4234.— Sec- tion 4234 of theRevised Statutes, which requires a sailing vessel, in the night-time, to show a light on that " point or quarter " towards which a steam vessel is approaching, applics only to a case where the close Ticinity of a steamer is such that it can be said that she is approaching some particular point on the sailing vessel. A. vessel, therefore, is not in faiilt for a failure to comply with this provision, where the showing of a ûash light would not have aided in avoiding the collision. �W. W. Goodrich, for the Joseph Farwell. �R. D. Benedîct, for the John H. Starin. �Choate, J. These are cross libels to recover damages caused by a collision between the schooner Joseph Farwell and the steamboat John H. Starin, on the eighth day of No- vember, 1877, about 6 o'clock in the evening, a little to the eastward of the southerly point of Hart's island, in Long Island Sound. The steamboat left New York at about 10 minutes after 4 in the aftemoon on her regular trip for New Haven. The schooner was on a voyage from Rockland, Maine, to Baltimore, with a cargo of granite. The wind waa about S. S. E., blowing a gale at a velocity of some 28 miles an hour. The schooner was making about eight knots an hour. The speed of the steamboat was about 12 knota. The tide was the last of the ebb, setting to the eastward. Both vessels had the proper regulation lights. �The case of the schooner, as stated in the pleadings, is thaï the schooner was on the port tack, close hauled, heading about south-west, when the steamer was seen about two pointa on the weather or port bow, showing both her red and green lights, and apparently about a mile and a half or two miles distant ; that the schooner held her course until the collision j �*See Perkin» t. 8c3u>oner Hercule», 1 Fed. Rkp. 925. ����