Page:Federal Reporter, 1st Series, Volume 2.djvu/822

 WEAVBE V. SOHOONER ONMST. 815 �meantime keeping her courge — ^the green light of the Mary Weaver suddenly came into view, and her red light wpis ob- scured. The Mary Weaver continued showing her green light, and the Onmst continued on her course until the latter had the former about three or four pointa on her starhoard bow, and at a distance of about three or four lengtKs, and the two vessels were in such relative positions that if the Mary Weaver had then kept her course they -would have easily gone well clear of each other. When in the position ]ust described the red light of the Mary Weaver suddenly came into view and her green light was obsoured, and almost immediately, on account of the relative speed of the two vessels, the Mary Weaver was across, or nearly across, the Onmst's bows. The captain of the Onmst, seeing that a collision was inevitable, ported his helm and lufîed up, in order to ease the blow as much as possible, and succeeded so far that, instead of strik- ing the Mary Weaver a direct blow, either forward or amid- ships, whieh he would have done if he had starboarded his helm or kept his course, and have immediately sunk her, he struck her a partially glanoing blow near the stem. �Third. That said collision was not caused by any negli- gence or carelessness, or breach of sailing ruies, on the part of those on board the Onmst; but that, on the eontrary, it was caused by the negligence and want of care, ànd the vio- lation of the rules of navigation, and the dictates of ordinary prudence and good seamanship, on the part of those navigat- ing the Mary Weaver — first, in starboarding her helm just after the vessels came in sight of each other, and secondly, in port- ing her helm in the manner and under the ciroumstances above described; that, had the Mary Weaver kept ou the original course on which she was sailing when first seen, and which she ought to bave done and could have done, she woiild have passed well to leeward of the Onmst. �Fourth. That after the collision had occurred the captain of the Onmst took a lantem and examined the huU of the Mary Weaver, and saw a hole in her side, but above the water line, so that there was no immediate danger of sinking oh the part of the Mary Weaver. The captain of the Mary Weaver ����