Page:Federal Reporter, 1st Series, Volume 8.djvu/186

 172 FEDEBAii BEPO^T^ER. ���The Steam-Ship Oder. {District Court, E. D. New York. July 20, 1881.) �1. Collision— Negligence. �A collision occurred in mid-owtn, to the eastward of the Grand Banks, in about latitude 40 degreea, 1 minute, north: longitude 38 degrees, 9 ni'nutes, west. Both vessels were bound to New York. One, a bark, was siiiling at a speed of four or five knots an hour, close-liauled upon the wind, on a course north, one-half west ; the other, a steam-ship, was steaming at a speed of be- tween 11 and 12 knots an hour, on a course west by north, half west. A light west by north breeze was blowing. Edd, that, as there is no question in tlio case as to the existence of a green light displayed frora the starboard side of the bark, nor as to the brightnoss of the night being suflScient to render such light visible in tirae to avoid the collision, and aa the question whether the steamer was approaching the barkfrom aft in a course that rendercd it impos- sible for her to see the green light of the bark sooner than she did must be answered in the negative, the inference is irresistible that the cause of the col- lision was the failure on the part of the stoam-ship to keep a proper lookout. �2. LiGHTBD ToBCH — Rbv. 8t. § 4234. �No fault can be fouad with the bark for not displaying a torch over her stem towards the steamer scon approaching, if the display of an additional light from the bark would have been of no avail for want of a proper lookout on the steamer �3. WlTNESB. �A mistake in regard to time and distance, in cases of this description, does not necessarily discredit a witncss. �mu, Wing e Shoudy, for libellant. �Shipman, Barlow <& La/rocque, for claimant. �Benedict, D. J. This action is brought to recover the sum of $22,- ' 500, as damages for the sinking of the Norwegian bark Collecter by the steam-ship Oder, on the night of June 7, 1879. The place of the collision was mid-ocean, to the eastward of the Grand Banks, in about latitude 40 degrees, 1 minute, north; longitude 38 degrees, 9 min- utes, west. Both the vessels were bound to New York. The bark was sailing at the speed of four or five knots an hour, close-hauled upon the wind, with the proper lights burning brightly. The Oder, aceording to her answer, was steaming at a speed of between 11 and 12 knots an hour, on a course west by north, half west. A light west by north breeze was hlowing, the sea was not heavy, and the night, from 12 o'elock until the collision, which occurred at 32 minutes past midnight, was overcast, and the stars obseured, and streaks of light haze alternated with clear air. �On the part of the bark it is contended that the steamer was sail- ing without a proper lookout, and for that reason she did not dis- cover the bark until the vessels were near each other, and made no proper effort to avoid the bark. ��� �