Page:Federal Reporter, 1st Series, Volume 6.djvu/922

 910 FEDEB^Ii REPOBTEB. �head-sails of the echooner, and therefore were not visible to the stea^Her. But the measurements of the schooner show that the light on either side was less than four feet inside of the point of the shrouds opposite to the corner of the house on that side, and that none of the head-sails could be an ob- struction of the light to a vessel ahead. �In regard to the red light being at the time the windward light, it is not possible to contend that that light, if buming properly, would not be visible to the steamer approaching, as this steamer was, nearly bow to bow. �I therefore conclude that the schooner, as she approached the steamer, was displaying lights which a watchful lookout on the steamer would have seen in time to avoid her, and that the cause of the failure on the part of the steamer to see the schooner until it was toc late to avoid her, was the absence of such a lookout. �But it is contended in behalf of the steamer that, if it be found that the schooner had her side lights set and buming, the schooner must nevertheless be held responsible for the col- lision, because of the admitted fact that her side lights were placed inboard, on the corners of the forward house, instead of in the rigging. The difficaltj with this contention is that the fact that the red light was a short distance further inboard than it would have been if placed in the rigging, becomes immaterial in this case when it appears that, located as the light was, it sbowed a clear light ahead without ob- struction. I do not approve of the location of the schooner's lights, but I cannot find that the location in any way con- duced to this collision, because it appears that there was nothing to obstruct those lights in the direction of the steamer. It is also, and with better reason, contended in behalf of the steamer that the schooner must be held in fault for omitting to comply with the statute, which declares that "every sail- vessel shall,;,on the approach of any steam-vessel during the night-time, show a lighted torch upon the point or quarter to which such steam-vessel shall be approaching." Eev. St. § 4234. �In regard to the statute, the ground bas been taken ia ��� �