Page:Federal Reporter, 1st Series, Volume 9.djvu/125

 110 FEDERAL REPORTER. �other vessel, and was not caused by the Y. D. changing her course and keeping oli, as claimed by the P. �That on the evidence the crossing of the course of the Y. D. by the P., indicated to the Y. D. by the [green light of the P. showing on her starboard bow, and to the P. by her seeing the two lights of the Y. D., led both vessels to keep ofE ; that the Y, D. was the flrst to make the change, and that this was immediately followed by the change on the part of the P. �Also hdd, the courses of the two vessels crossing so as to involve the risk of collision, that the P., having the wind on her port side and not being close- hauled, ,was bound, under the seventeenth rule of navigation, to keep out of the Other's way. �That her obligiition so to do was not atfected by the Y. D, lufflng one point when she flrst made the P., and that this was not a fault on the part of the Y. D. which contributed to cause the collision. �That the P. was in fault in not keeping a good lookout, and especially in this : that the mate, who was the offlcer of the deck and who was at the wheel, was not where he could keep the light of the Y. D. in view after it was sighted and reported by the lookout, his view of it being obstructed by the deck load, and that this fault directly tended to cause the collision. �Also hdd, that the Y. D. was in fault in not keeping her course, under the seventeenth rule, instead of keeping ofiE when she observed that the P. had crossed her bows, which maiieuver was not rendered necessary to avoid imme- diate danger, under rule 24, but, on the contrary, was admitted by her master to have been made in order to aid the P. in her supposed intention to pass on ' the starboard side, and actually embarrassed the movements of the P. and contributed to cause the collision. �That each Vessel being thus brought Into immediate danger by the fault of the other, the collision could not be attributed solely to the lufflng by the P. just before the collision. �In Admiralty. �Benedict, Taft a Benedict, proctors for the Yankee Doodie. �Beebe, Wilcox e Hohbs, for the Pangussett �CnoATE, D. J. These are cross-libels for collision. At about half past Ll o'dock on the night of the sixth of April, 1878, the two schooners came in collision off the Jersey coast a little below Barne- gat light, The Pangussett was bound from York river, Virginia, to New York, with a cargo of pine wood. The Yankee Doodie was bound from New York to Baltimore with cargo. The night was clear and starlight. The parties differ as to the direction of the wind, those on the Yankee Doodie claiming that it was W. by N., those on the Pan- gussett that it was N. W. The libel of the Yankee Doodie puts the wind at about W. N. W. I think the weight of the evidence is that the wind was W. by N., about a six-knot breeze. The Yankee Doodie had her lower sails set and two jibs. Her course at the time she made the light of the Pangussett was 8. W., and she was making five or six miles an hoxir. The Pangussett carried double-reefed foresail na mainsail and had one jib set. Her course was N. E. by N. ^ N., ��� �