Page:Federal Reporter, 1st Series, Volume 6.djvu/918

 906 FBDBBAL EEPOBXER. �The Samuel H. Ceawford. �The Niagara. �[District Court, E. D. New Torh. March 3, 1881.) �1. Canusms at Sba — Lookout — Lights — Tobch-Light — Rbv. St. �i 4234— Balvagb. �Wliere a collision occurred at sea between a schooner bound to New York and a steamer bound to the Delaware, each libelied the other for damages, and the steamer also libelied for salvage, having taken the schooner in tow ; and upon trial — �Hdd, that the corner of the house on deck, where the schooner carried her red and green lights, was not a proper location for the side lights ; but where it appeared that, in spite of this location, the lights were visible to the approaching vessel, the faulty location of the lights did not conduce to the collision, and does not render the vessel liable. �Section 4234 of the Kevised Statutes requires a lighted torch to be exhibited by a sailing vessel to an approaching steamer, whether the steamer be approaching from forward or abaft the beam ; and where such torch is not exhibited the sailing vessel will be held in fault, unless clear proof be given that the failure did not coutribute to the collision. �Where lights of a schooner, plainly exhibited to a steamer, were not actually seen by the steamer until the schooner was too close upon her to avoid a collision, hdd, that the steamer was in fault ; and, both vessels being in fault in this case, the damages must be apportioned. �2. Salvage Services. �Services rendered by a steamer to a sailing vessel mn down by fault of the steamer do not entitle the steamer to claim salvage. �Goodrich, Deady e Platt, for the Niagara, Beehe, Wilcox de Hobbs, for the S. H. Crawford. Benediot, D. J. The three causes above mentioned have been tried together. The first-named is brought by the owners of the steamship Niagara to recover of the schooner Samuel H, Crawford the amount of damages caused by a collision that occurred between those two vessels off the capes of Delaware on the thirtieth day of December, 1880. The second action is brought by the same libellants to recover salvage for serv- ices rendered by the steamer Niagara to the schooner Samuel H. Crawford, immediately after the collision referred to, in t( wing her, when disabled by the collision, from the place of ��� �