Page:Federal Reporter, 1st Series, Volume 6.djvu/923

 THE SAilUEIj h; CBAWFORD. 911 �behalf of the schoouer that the intention of the provision was not to require a torch to be shown as an addition to thecol- ored lights, but only to provide for the display of a light to a steamer when approaching from abaft the beam "when the colored lights do not show, and that any other construction •would impose an onerous obligation upon sailing vessels under circumstances "when its performance would be useless. I should, for myself, feel inclined to limit the provision in question to cases of a steam-vessel approaching abaft the beam, if I could diseover in the language of the provision any groundfor such a limitation; but the words are general,' and cover ail cases of an approaching steamer, no matter from what direction she may come. Nor can I say that the provision, unless so limited, imposes a, useless obligation upon a sailing vessel. It may be that under some circum- stances the light of a torch would catch the eye when ^ col- ored light had escaped observation. And I am without information that experience bas shown that the exhibition of a torch in. addition to the colored lights would be a useless precaution. At any rate, the exhibition of a torch gives cer- tain notice to the steamer that thos'e on the sailing vessel have observed her approach. I am unable, therefpre, to limit the operation of the statute to cases of an approach from abaft the beam. Upon the coneeded facts, then, the schooner must be found guilty of fault, and respohsible for the collision in question, because of her failure to.show a torch to the ap- proaching steamer; for it cannot be found as a fact in this case that a torch so shown would not have been seen by those on board the steamer. �If the proof had been that there was no one on the steamer located so as to be able to see a torch displayed from ahead, a different case would have been presented. Here, even if it be, as supposed by the schooner, that the lookouts on the steamer were absent from their posts for a part of the time while the schooner was visible, still there remained one man at the wheel and another in the wheel-house who might have noticed the torch if it had been displayed. Where a failure to see an approaching vessel is the immediate cause of a col- ��� �