Page:Federal Reporter, 1st Series, Volume 5.djvu/103

 JENSEN V. 8TEAM-SHIP BELGENLAND. 91 �compass. The latter visited the bridge, and "looked around" for a few minutes from the starboàrd side, ehortly before the accident. The officers reeognized the neoessity for especial care; they conversed about it, and cautioned Massin respect - ing it. Wismer said to Ledder that "it was a bad night to see vessels ; go over to the other aide of the bridge, and tell the man there to keep a good lookout, and to look around youself ; that if a man kept a good lookout he could see a ves- sel." Ledder says he did as requested, and returned to Wismer just before the accident. Beyond this there was no vigilance. The number of men on lookout duty was not increased. The ship was kept up to 11 miles an hour, (the same speed fihe was making before the weather changed.) In view of the direction of the wind, a reduction of speed would doubt- less have diminished the quantity of spray over the turtle- back. If, by this means, (a reduction of speed,) an outlook could, profitably, have been maintained from that point, it certainly should have been, Speed is important ; but human life is more important. When difficulties intervene to pre- vent a reasonably safe lookout, (and it matters not whether this arise from the existence of fog, or other cause,) the speed should be reduced, if, by so doing, the unusual danger of collision may be diminished. Where suoh difi&culties arise from the existence of fog, the neeessity of reducing the speed is not, and cannot be, questioned. And no valid reason can be assigned for a distinction between such cases, and others, ■where the difficulty of seeing arises from other cause. The precaution is rendered necessary, and its observance required, by the difficulty of maintaining a safe lookout, without regard to the cause from which it arises. Conceding the difficul- ties in the way of maintaining a safe lookout, on the occa- sion in question, to have been such as the respondent's -wit- nesses describe, I find it difficult to avoid the conclusion that the rate of speed should have been reduced, and the experi- ment of a sight from the turtle-back tried. I incline also to the opinion that the number of men on lookout duty should have been increased. Had such precaution been observed, it is quite probable the accident would have been avoided. ����