Page:Federal Reporter, 1st Series, Volume 2.djvu/793

 786 FBDEEAL BBPOETEB. �show the schooner his red light; that the resuit was that the schooner's red light opened more plainly to him. Finding that the schooner was getting close to him he put his helm hard a-port to avoid her, and just at that time she changed her course and showed her green light, and he then reversed at full speed but could not avoid the collision. �Assuming that the schooner did change her course, and assuming that the maneuvers of the tug were ail of ihem proper, the tug has not exculpated herself for the reason that the schooner could not see her lights, and, having no warning of her approach, was not to blame for changing her course. It is to no purpose that the regulation lights are fixed and burning if they are so obstructed as not to be seen by ap- proaching vessels. The tug was towing a barge 195 feet long, on which were double railroad tracks, and on these were eleven horse cars, such as are used for freight. The tug was made fast to the after end of the barge, and on the side furthest from that on which the schooner was approaching, 80 that there was not only the width of the barge and cars, but nearly the whole diagonal length of the mass of barge and cars, to obstruct the tug's lights. For the purpose of obvi- ating the obstruction caused by the height of the cars on the barge, the tug's side lights had been fixed unusually high, and they were four feet higher than the tops of the cars, but by persons navigating a small vessel loaded down so deep in the water as was the schooner in this case, and approaching from the diagonally opposite end of the barge from the end to which the tug was made fast, they could not be seen. �The testimony of those on the schooner is that they were keeping along the southemmost side of the harbor, intending to anchor just above Locust Point ; that when they got around the Baltimore & Ohio Eailroad's long pier near Fort Mc- Henry, and almost a mile from Henderson's wharf, from which the tug started, they did change their course a little to the southward, conforming to the outline of the shore, and keeping near the docks ; that they saw no lights whatever on the tug and barge until they were hailed from the barge at a distance of about 70 yards off on their starboard side ; that ����