Page:Federal Reporter, 1st Series, Volume 9.djvu/141

 126 federal bepobteb. �The Belgenland.* �(Oircull Court. E. D. Penmylvania. October 10, 1881.) 1. Admiraltt— Collision — 8team-Ship — Failure to Sbe Baiung-Vessbii — �DUTY TO KEEP LoOKOTIT on T0RTLE-BACXi;. �A steam-ship collided with and sunk a bark in mid-ocean in consequence of the bark not having been observed from the steam-ship in time to avoid the collision. The steam-ship had lookouts upon the bridge, but none upon the turtle-back, the reason given being that, although one could have been plaoed there in safety, he would have been of no use, as the vessel was plunging into a head sea and constantly taking water over her bow. �Edd, that if the failure to see the bark resulted from the inattention of the steam-ship's lookout she was culpable, and if it resulted from the condition of the atmosphere she was culpable in not having reduced her speed and placed a lookout on the turtle-back. �HM, further, that, in the face of evidence that the bark held her course, and that she might have been seen from the steam-ship by proper vigilance, a mere speculative explanation of the steam-ship's presumptive culpability could not be accepted. �The decision of the district court, reported 5 Fed. Rbp. 86, aiflrmed. �Appeal by the steam-ship Belgenland from the decree of the dis- trict court (reported in 5 Fed. Ebp. 86) awarding damages against her npon a libel for collision. The facts are sufficiently stated in the opinion. �Henry R. Edmunds and Morton P. Henry, for libellant. �Henry Flanders and J. Langdon Word, for appellee. �McKbnnan, C. J. : �finding of facts. �(1) Between 1 and 2 o'clock on the morning of September 3, 1879, in mid- ocean, a collision occurred between the Norwegian bark Luna, on her voyage from Humacao, in Porto Eico, to Queenstown or Falmouth, and the steam- ship Belgenland, on a voyage from Antwerp to Philadelphia, which resulted in the sinking of the bark, in the total loss of the vessel and the cargo, and in the drowning of flve of her crew. �(2) The wind was between S. W. and W. S. W., and there was not much sea, but a heavy swell. The bark was running free, heading S. E. by E. J E., having the wind on her Btarbo.T,rd quarter. Ail her square sails were set except her main royal, and she carried also lier fore, main, and mizzen stay-sails and inner jib. Her yards were braced a little, her main sheet was down, but the weather clew was up. She was making about seven and one-half knots. Her watch on deck consisted of the first mate and three men ; an able seaman was on the lookout on the top-gallant forecastle, and a capable helmsman was at the wheel. She carried a red light on her port side and a green light on her starboard side, properly set and burning brightly, which could be seen, on �*Reported by Frank P. Pricliard, Ksq, of the Philadelphia bar. ��� �