Page:Federal Reporter, 1st Series, Volume 2.djvu/117

 110 FEDBRAIi HEPOBTER. �could be determinee! with reasonable certainty and a flash light shown, she had swung so far that the red light was no longer visible. It js difficult to find from the evidence how far off she was while thus showing both lights, or during what length of time she showed them. The time was, how- ever, very short, and the event showed that she was during that time constantly on the swing under a starboard wheel. �I think, upon ail the evidence, that the showing of a flash light would not have aided in avoiding the collision. When it could flrst have been properly shown, if at ail, the steamer was swinging around across the schooner's bow, under a star- board helm, in such a way, and the vessels were coming together with such speed, that there is no reason to be- lieve that the collision would have been avoided, although by porting the steamer might have struck the schooner, in- stead of the schooner striking the steamer on her starboard side as she did. Moreover, I do not think it can be fairly said that there was any particular point on the schooner which, 80 far as those on the schooner could see, the steamer was approaching, at which they could, conformably to the rule, show the light. For these reasons I think this defence of the steamboat is not made out. See The Leopard, 2 Low- ell, 238. �Decrees for the libellants in the two suits against the steamboat, with costs, and reference to compute damages. �Decree for the claimants in the suit against the schooner, dismissing the libel, with costs. ����