Page:Federal Reporter, 1st Series, Volume 2.djvu/99

 02 FEDERAL REPORTER. �course, and wlien the steamer was close to her hailed and warned her off, but the steamer continued her course, and struck the schooner amidship, and so injured her that she sank in a few minutes. �The ansTifer on behalf of the claimants of the steamer Westover alleged that the steamer was on her route from Baltimore to Norfolk, with her proper lights burning, a look- out on the forward deck, and her captain and second mate in the wheel-house ; that when she reached a point half-way between the aouth-east buoy and the seven-foot knoll those in charge of the steamer saw the red light a mile and a half off, and immediately after saw both lights of the schooner one point on the steamer's starboard bow; that at this time the steamer was showing the schooner both of her lights, and the vessels were approaching nearly head on, and were about a mile and a quarter apart ; that in a few minutes the schooner shut in her green light and showed her red, indicating that she had changed her course to the eastward ; that when those in charge of the steamer observed this change they changed the steamer's course to the westward; that in a few minutes the schooner shut in her red and showed her green light, in- dicating that she had changed her course to the westward ; that the vessels were, at the time, about half a mile apart, and seeing this last mentioned change the captain of the Westover ordered her helm hard a starboard; that when the vessels had approached within 200 yards of eaeh other the schooner again shut in her green light and ran across the bow of the steamer; that as soon as the last change was indi- cated the steamer blew her whistle and reversed her engines at full speed, and made every effort to avoid the collision. �The answer admits that from the first moment of sighting the schooner's light the two vessels were approaching nearly head on, and, therefore, from the first they were aware there was danger of collision, and that it was the duty of the steamer to take timely and effective means to prevent it. �The rule is well settled that if the lights of the sailing ves- Bel are fluctuating, or for any reason there is uncertainty as ����