Page:Federal Reporter, 1st Series, Volume 2.djvu/587

 580 FBDEEAIi REPORTES. �collision; but that the Sansego thereupon change d her course and showed her green light to the Star of Seotia ; that the Star of Seotia was kept under the port helm until the red light was well on the port bow, when the helm was steadied ; that the red light of the Star of Seotia was in fuU sight of the San- sego, and could have been seen from her if a proper lookout had been kept ; that the Sansego did not keep her course, and did not keep a proper lookout, and did not observe the move- ments of the Star of Seotia with proper vigilance, but again changed her course and showed her green light to the Star of Seotia; that at that time she was so near the Star of Seotia that the loom of her sails could be seen from the deck of the Star of Seotia ; that the Star of Seotia at once put her helm hard a-port, but the two vessels were so near eaeh other that it was too late, after the Sansego had again ehangeJ her course, to avoid the collision; that the collision was eaused by the negligence of the Sansego in not keeping a good lookout, and in not keeping her course. �Under the rules of navigation the Sansego was bound to keep her course, and the Star of Seotia was bound to keep out of her way. The Star of Seotia recognized this duty, and made certain movements to perform it, which she claims were ineffeetual, by reason of the Sansego's ehang- ing her course, by going off before the wind. The principal question of fact, then, is whether the Sansego kept ou her course, close hauled by the wind, till the collision. If she did, then the Star of Seotia is responsible for the collision, since she did not keep out of the way, and it is not elaimed that she could not have done so if the Sansego kept her course. �The testimony of those on the Sansego is clear and explicit that she kept her course. It was the mate's wateh. His tes- timony is that he was standing on the poop deck, and the lookout forward, on the forecastle, reported a green light a little to leeward. He could not see it from where he stood, and he went forward, with his glass, to look at it. When he got on the forecastle he saw it, without the glasses, right ahead ; that he looked with his glassea and saw the light, but ����