Page:Federal Reporter, 1st Series, Volume 9.djvu/585

 570 FEDERAL REPORTER. �And further heta, that had there been, as claimed, a fog so dense as to ob- scure the V.'s ligbts, it would have been, under the circu'mstances, careless- ness in the J. J. to sail at such speed where she was likely to meet other ves- sels ; that the momentary appearance and disappearance of the red light of the J. J. several timea in succession, as seen from the V. before the collision, the green light being constantly in view, was not caused by the fluctuations in the J. J.'s jib shutting eut the red light, but to unsteadiness in her navigation. �Andfurther held, that had the J. J. been approaching head on, as claimed, and had the red light been contmuously hidden by the jib, as claimed, except the momentary fluctuations just before the collision, the V. could not be charged with fault in not avoiding the J. J., and it would have been the fault or misfortune of the J. J. in not complying with rules 3 and 8, Rev. Bt. { 4233, regulating the lights on vessels, {Eoben v. Westover, 2 Fed. Rep. 91,distin- guished ;) that the V. was not In fault, but the collision was wholly due to the J. J. changing her course in the confusion occasioned by her f allure sooner ta see the other' s lights, and by her careless navigation. �In Admiralty, �AUxander & Ash, for libellants, �Owen & Gray, for claimants. �Brown, D. j. This libel was filed to recover damages received by the schooner John Jay, on the evening of October 7, 1878, in a col- lision with the steam-propeller Vesper, in the upper bay, at a point abont half way between Bedloe's island and Eobbins' Eeef light. �The schooner was of 39 3-5 tons register, bound £rom Tottenville to the North river, New York, without cargo, and after leaving the kihis was head- ingfor the battery lights, upon a course about north-east. There was a strong BOuth-east wind, and the tide was flood, under which the schooner was mak- ing about eight knots per hour. She had on board a captain, mate, and deck hand, and, according to their testimony, she was sailiug about three points free, and kept her course unchanged after leaving the kilns, heading for the battery lights, until she was passing the edge of the flats between Bedloe's island and Robbins' Reef light, and was about entering the deeper water of the sliip channel when her captain, who was at the helm, savv for the flrst time the steamer Vesper, as he says, not over half her length (about 25 yards) distant, coraing heald on directly upon hira, and a little over his port bow. He testifies that he immediately ported his helm to avoid being split open, and that his vessel had only time to swing some two or three points to starboard when she was struck by the Vesper's bows between her main chains on the port side, cutting lier to within about two inches of the water's edge, breaklng two of her deek plank, and making a hole about four feet long by two feet deep. The Vesper is a steam-propeller, 150 feet long, of 831 tons register, draw- ing, loaded, seven and one-half feetof water, and plying regularly between New York and Wilmington, Dela ware, by way of the Delaware and Earitan canal. She lef t pier 1 3, East river, Ne w York, on the seven th of October, upon one of her usual trips, at about 7 o'clock in the evening, with all her proper lights burn- ing brightly. After clearing Gtovernor's islaud, going less than a half mile to the westward of it, she pursued her usual course in the ship channel down the bay, upon a south-west course, keeping Robbins' Reef light about one ��� �