Page:Federal Reporter, 1st Series, Volume 2.djvu/606

 MIRCOVICH ». BAEK 8TAE OF SOOTIA. 599 �ilie green light was put up again in the mizzen rigging, because, as the vessels hung together, it was in danger of being carried away where it was; that he saw and passed to another man the port light, which was afterwards put back in its place; that it was burning well, but had a scum around the glass. There is some evidence that one of the men was seen eleaning the glass of a light after the collision, but it is not satisfaotorily identified as the red side light, while it is irue that those who saw and handled this port light deny sub- stantially that it was dim, or the glass obseured. I think ihe fact that it was found neeessary twice that night, once before and once after the collision, to trim it, throws con- siderable doubt on its condition ; and that, on ail the evidence, the red light was not seen by those on the Sansego, for the reason that when the green light disappeared the red light was not bright enough to be seen at the distance at which ihe two vessels were then apart. �The conclusion, therefore, upon the whole case, is that the Sansego was not in fault; that she kept her course close hauled on the wind ; that the Star of Scotia was in fault in not keeping a good lookout, and in not keeping out of the way of the Sansego, as she was bound to do. �Decree for Ubellants, with costs, and a reference to oom- pute their damages. ����