Page:Federal Reporter, 1st Series, Volume 3.djvu/258

 BBAINAIID V, STEAMEB NABBAGANSBIT. ■ 251 �Bbainard and others ». Steambb Naeeagansetx. �{District Court, D. Connecticut. July 22, 1880.) �1, Collision — LiGHTBD Torch — Rev. 8t. J 4234. — The showing of a ligbted torch by a aailing vessel, upon the approach of a steam vessel duriag the night, required by section 4234 of thç Revised Statutes, ia not conflned merely to those cases where the steam vessel is approach- ing a sailing vessel from astern. �Samuel L. Warner, for libellants. �Thomas M. Waller and Nathan F. Dixon, for claimants. �Shipman, D. J. This ia a libel in rem to recover damages sus- tained by the schooner Silas Brainard, by a collision with the steamer Narragansett, in Long Island sound, on the morning of October 11, 1877. �The schooner Silas Brainard left South Amboy on the afternoon of October 10, 1877, with a cargo, bound for Mid- dletown, Connecticut, and about half-past 3 o'clock on the next morning, at a point in Long Island sound nearly op- posite Lloyd's Neck, about 20 miles easterly of Throgg's Neck, and about one-third the distance from Long Island to the Connecticut shore, collided with the steamer Narragansett, on her way from Stonington, Connecticut, to New York city. The schooner sufïered serions damage. �The story of the schooner, as contained in the libel, is as folio ws : At the time of the collision the tide was on the ebb, the wind was blowing a slight breeze from the north by west, and the course of the schooner was north-east, or nearly so. She was properly lighted, and ail of her lights were brightly burning. The mate, who was then in command, and the lookout saw the steamer coming up the sound, under a fuU head of steam, with the evident intention of passing on the starboard of the schooner, who kept on her course. The steamer was run foui of the schooner, striking her bowsprit and fiying jib-boom; the wheel of the steamer strnck upon the schooner's starboard quarter, and by the force of the blow the mainmast, the main and fore-rigging were broken, the rail, the bulwarks, stanchions, and a large part of the plank ����