Page:Federal Reporter, 1st Series, Volume 5.djvu/99

 JENSEN V. STEAM-SHIP BELGENLAND. 87 �the steam-ship, were not seeii fromthe steam-ship until the moment of collision, when the barlc's red light was seen. Hdd, that as the evi- dence satisfled the court that, with proper vigilance, the bark could have been earlier seen from the steam-ship, the fact that she was nof seen shovred concluslvely an absence of proper care on the part of the steam-ship. �Eeld,furt7ier, that this conclusion was not overthrown by the fact that the steam-ship's side lights were not seen from the bark, since it appeared possible, from the report of assessors, that with the hdeilng' of the steam-ship, and the bagging of her fore-try-sail in the position in which it was set, her green light was concëaled from the bark, and the bark concëaled from the lookout on the bridge of the steamship. �2. Same— Ddtt dp Those m Ghakgb of Steam-Ship—Lookouts— Sta- �tion DP— Reduction dp Spebd.— The duty of those in charge of a steam-ship to increase the number of lookouts when the weather is such as to call for especial vigilance, and especially to station a look- out on the turtle-back, and reduce the speed, if necessary to enable him to maintain his station and perf orm his duties, discussed. �3. BAjœ — Statbmbnts dp Cbbw op Injured Vessel Immkdiately �Aptbe thb Collision. — The weight to be given to statements made by the crew of the injured vessel at the time of their rescue, and after they were taken on boardof the other vessel, if contradictory to their subsequent testimony, considered. �In Admiralty. Libel for collision. �The facts were as follows : On August 4, 1879, at about 10 minutes of 2 o'clock a. m., the steam-ship Belgenland coUided with and sank the bark Luna in mid-ocean. The early part -of the night had been fine, the moon being fuU, but about midnight it had clouded over, and, at the time of the collis- ion, there was a drizzling rain but no fog. There wàs not much sea, but a heavy swell. The wind was between south- west and west-Bouth-west. The steamship was steering north-west by west, half west, and making a little over 11 knots. Her mast head-light and two side lights were prop- erly set and burning. Her fore-try-sail, jib, and stay-sails were set. She heeled to starboard from 10 to 15 degrees. Her second officer had charge of the deck, and was stationed on the port side of the bridge. A lookout man was stationed on the starboard side of the bridge, and the fourth officer was stationed at the after compass, near the mizzenmast. ïhe rest of the watch, with the exception of the man at thewheel, •were undemeath the turtle-back or tbp-gallant forecastld. ����