Page:Federal Reporter, 1st Series, Volume 9.djvu/236

 THK NAHOR. 221 �aft that it did not show forward within about a quarter of a point of the bark's course. This, however, is immaterial, as both parties admit that the schooner was at least two points on her port bow. It follows from the finding of this fact that the schooner ought to have made the light of the bark certainly as soon as the bark made the schooner's light. The bark's light was much higher above the water, and, the bark being to leeward, it was especially incumbent on the schooner to keep a good lookout in that direction, since, if a yessel appeared there, the schooner, being to windward, was bound under the rule to keep ont of her way. The schooner is therefore charge- able with fault in not keeping a good lookout, and in not seeing the bark's light. �I think the testimony shows that the bark kept her course till the collision. This she had a right and was bound to do. She is charged with fault in not luffing. She was not bound to luff. The master and mate of the schooner thought she was keeping ofi. In this I think they were mistaken. Where a vessel is indistinctly seen from another vessel it is easy to mistake her course, and as she cornes more plainly in view and her course is more distinetly made out there is frequently an appearance of a change of course whioh is not real. The testimony from the bark does not sustain the point that she changed her course to starboard, nor, indeed, is sueh a change alieged as a fault in the libel. The captain of the schooner testified that if the bark had luffed when he first saw her he thought a collision would have been avoided. He does not testify that if she had kept on her course the collision would have been avoided. He thought there was a possibility that she might have crossed her bow if she had kept her course, and, not kept off. Upon the whole case the cause of the collision was the negligence of those in charge of the schooner in not keeping a good lookout, and in not seeing the light of the bark ; and, being to windward of her when there arose a risk of collision, in not keeping out of her way, as required by the seven- teenth rule of navigation. Libel dismissed, with costs. ��� �