Page:Federal Reporter, 1st Series, Volume 2.djvu/585

 578 FEDERAL REPORTER. �eerious question ■whether it does not anticipate complainant's. However that may be, I am of the opinion that complain- ant's device is but the resuit of the exercise of mechanical ekill ; that it is wanting in such characteristics as entitle it to be regarded as a new and original invention, within the meaning of the patent law, and hence that it does not possess the essential element of patentability. . A decree will be entered dismissing the bill. ���MiEOOTiOH and others v. Thb Bbitish Babk Stab OB' ScoTiA, etc. �(District Court, S. D. New Torh. May 13, 1880.) �Admibaltt— Collision— Failtob of Vessbl to eekp good Lookodt AND AvoiD A Vessbl entitled TO HOLD HBB CouBSB. — Evidence con- aidered, and the collision complalned of in this case Tield to have been caused by the failure of defendant to keep a proper lookout, and in not keeping out of the way of the libellant's vessel, entitled to hold her course. �F. R. Coudert, L. Ullo and E, L. Owen, for libellants. �C. E. Souther and E. P. Wheeler, for claimants. �Choatb, D. J. This is a suit to recover damages caused by a collision between the Austrian bark Sansego and the Brit- ish bark Star of Scotia. The collision happened ofif the Jersey coast, about 60 miles south-east of Absecom Light, on the morn- ing of the ninth of March, 1880, at about half past 2 o'clock. The Sansego was on a voyage from Marseilles to Boston, with a valuable cargo, consisting of 2,000 baies of wool and 200 barrels of sulphur. She was sunk by the collision, and this suit is for the value of vessel, freight and cargo, and the per- Bonal effects of the master and crew, the damages claimed being $145,000. The Star of Scotia was on a voyage from Calcutta to New York. She was'kn iron vessel, originally ship-rigged. �The wind was about north-east. Both vessels were close hauled when they came in sight of each other, the Sansego on- ����