Page:Federal Reporter, 1st Series, Volume 2.djvu/116

 FABWELL V. STEAMBOAT 3. H. STARIN, 109 �in situations where it would be a prudent course to adopt ; yet it seems hardly possible to restrict the statute by con- struction to that application, notwith standing the use of the ■fford "quarter." It is clear, however, that the rule applies only to a case where the close vicinity of the steamer is such that it can be said that she is approaching some particular point on the sailing vessel. That, obviously, cannot be said of a steamer a mile away, for instance, although both her lights are seen. At that distance it could not be said that the steamer was approaching any particular point of the vessel. So, I tbink, the rule implies that the movement of the steamer shall have sufScient steadiness in its approach to be seen by those on the sailing vessel to be approaching a particular point. The rule is that the light is to be shown at the point towards -which she is approaching. If the movement of the steamer's lights is such as to show that she is swinging rap- idly across the sailing vessel, especially where the sailing ves- sel presents her bow to the steamer nearly head on, it can hardly be said that she is approaching any particular point. The point is, in that case, constantly shifting. And if the lights of the steamer are such as to indicate that she is on the swing, and the observation is not aided by seeing her bow or huU at ail, there can be no certainty in the minds of those on the sailing vessel as to the point at which they should display the flash light, and showing it would be as likely to mislead as to aid the steamer, which has, at the time, fuU opportu- nity to discover the position and course of the sailing veseel by her colored light, which ia in fuU view. �In the present case it is true that there was a time shortly before the collision when both lights of the steamer were in view from the schooner. �Their coming in view, from seeing the red light only, showed that she was changing her course, and that her bow was point- ing towards the schooner; but it is not shown that then her huU or bow was visible so as to enable those on the schooner to determine towards what particular part of the schooner she was pointing. And before, so far as the proof goes, thia ����