Page:Federal Reporter, 1st Series, Volume 3.djvu/263

 256 FBDEBAL EBPORTEB. �which was kept in a cbnvenient place in the cabîn. The mate had been recently employed, and did not know that there was a torch on board. It was not used. There waa time enough to have lighted and shown it to the advancing steamer after the mate saw the approaching danger. If it had been shown the collision might have been avoided. The captain and mate -were both of opinion, and this they state is the prevailent opinion and practice of the officers of coasting vessels, that a torch is to be used only when a steamer is approaching a saUing vessel from astem. �This construction of section 4234 of the Eevised Statutea is not warranted by its language, and is not recognized in the decisions upon the subject. Judge Lowell says : "I sup- pose the new regulation in the act of 1871 was intended to give an additional warning to steamers, in case of need, and one the use or neglect of which could not well be disputed, BO that if the red and green lights were not lighted, or were dim, or were overlooked, there should be still another means of calling attention to the sailing vessel." The Leopwrd, 2 Lowell, 238 ; The Titian, 6 Ben. 346. �The conclusion is that the collision was not due to the neg- ligence of the steamer, and that the statutory precautions to avoid a collision were not taken by the schooner, and the libellants have not sustained the burden of showing that this neglect did not materially contribute to cause the collision. �The libel is dismissed, �NoTB. — Bee Kennedy v. Steamer Sarmatûm, 2 Fbd. Rbp. 911. ����