Page:Federal Reporter, 1st Series, Volume 4.djvu/101

 CLENDININ V. 8TEAM-SHIP ALHAMBRA. ' *' 87 �2. Bame — Sasie — DuTY oF Steamer. — In such cases, l^owever, the steamer is not absolved from fault, where the change of lights indi- cated action on the part of the echooner, not only uncalled for but improbable, and where the starting of the engine of the steamer, after it had once been stopped, was the immediate cause of the disaster. �W. W. Goodrich, for libellant. �Butler, Stillman & Hubbard, for respondent. �Benediot, D. J. The collision that gave rise to this action occurred in the night-time, on the high seas, between the Bchooner Owen P. Hines and the steam-ship Alhambra. The schooner was sailing f ree, at the speed of about five knots an hour, upon a north-north-east course. The steamer was eteaming at the speed of from seven to eight knots an hour, upon a south-west course. Both vessels had green and red lights set. The vessels were upon crossing courses, with the green light of the schooner displayed towards the steam-ship as she approached the schooner from the leeward. �It is proved by those on board the steamer that the schoon- er's green light was seen by them at a considerable distanôô off, but heaving so as render it unsafe for the steamer to attempt to cross the schooner'fi bows, wherefore th* steam- er's engine was stopped. Afterwards it was started again at half speed, when sbortly the vessels came in collision, the port bow of the steamer and the starboard bow of the schooner coming in contact. After the collision the steamer passed on without having spoken the schooner, and soon the schooner sunk, her crew being saved by taking to the boat. �These facts, which are undisputed, would leave the case a clear one for the libellant were it not that the steamer pro- duces the positive testimony of her master, wheelsman, look out, and a man on deck, that after the green light of the schooner was seen the light disappeared, and the red light of the schooner became visible, which gave rise to the supposi- tion that the schooner was undertaking to avoid the steamer by bearing away, and led the steamer to resume her voyage. From the schooner there is the testimony, equally positive, of three witnesses — ail who were on deck— that no changô ����