Page:Federal Reporter, 1st Series, Volume 2.djvu/586

 MIROOVICH V. BABK STAR OF SCOTIA. 579 �the starboard tack. Slie wasa vessel of 560 tons. The Star of Seotia was on the port tack. Bhe was a much larger ves- sel; her tonnage is not given, but her length was about 220 feet from stem to stern. The night was overcast, with no moon or stars, but vessels' lights could be distinctly seen. The wind was a five to six-knot breeze. The Sansego was mak- ing about six knots. The Star of Seotia a little less. �The libel alleges that the lookout on the Sansego reported a light on the lee bow; that the mate went forward to see thia light, and made the same to be a green light of a sailing ves- sel that was at the time crossing the bows of the Sansego ; that this green light crossed to the weather side and then dis- appeared, and, although a good lookout was kept, no light was seen ; that a short time af terwards the loom of a vessel ap- peared on the weather side, showing no light, and before it could be ascertained what course she was on she struck the Sansego on the starboard side, near the main rigging, and sunk her in less than an hour af ter the collision ; that the Sansego kept her course dose hauled from the moment she first sighted the green light until the collision ; that the collision was wholly owing to the fault of the Star of Seotia in having no compe- tent lookout, no regulation side lights burning, as required by law, and in that she did not keep out of the way of the San- sego, as she was bound by law to do. �The answer avers that the Star of Seotia was sailing close hauled on the port tack, and was headed S. B. ^ S.; that the wind at the time was blowing from the N. E., or N. E. by E. ; that the Star of Seotia had proper side lights brightly burn- ing; that the officer of the deck saw a red light, which af ter- wards proved to be the red light of the Sansego, about a point and a half on the starboard bow; that as the wind was on the port side of the Star of Seotia and on the starboard side of the other vessel, it was the duty of the Star of Seotia to keep out of the way, and the duty of the Sansego to keep her course, and thereupon, in order to fulfil that duty, the officer of the deck ported his helm; that the Star of Seotia answered her helm, and the red light soonbecame visible on the port bow; and if the Sansego had kept her course there would have been no ����