Page:Federal Reporter, 1st Series, Volume 9.djvu/728

 THE FAVORITBi 713 �able precautions, as are in her power, to avoid a collision with the tows, and the failure to use such precautions might, under certain circumstances, be such negligence as would create liability on the part of the schooner for a collision; and this was the case of The Cranmer, supra, decided by Judge Benedict. But the law or rules of con- duct governing such cases is not applicable to a case like this. Here was ample sea-room, and any deviation by the schooner only increased the danger of both vessels. �I conclude, from the testimony on the part of respondents, that the lights of the schooner were not sighted by the lookout of the steamer 80 soon as the lights of the steamer were sighted by the lookout on the schooner; and it also appears that the captain of the steamer was the officer of the deok at the time, and for an hour or more preceding the time this collision took place. While the lookout was watching the light, before he had reported it to the captain, the captain came forward, having discovered the light himself, and looked at it through his glass. His own version of what took place on his steamer, as detailed in the testimony, is substantially in these words : �" In the first place, I was walking the deck, back ^nd forth, across, as I generally do, on the af ter-part, by the cabin, so I had a view of anything coming ahead and a view of the tow behind. At that time I imagined I saw a green light on the starboard bow. I walked forward and took my glass eut of my state-room to look at this light, and from its situation it seemed to me she was steering out of the course, and not encroaching ou us. I told the watchman to keep a smart lookout for the light. 'Don't let her get too close to us. There is no danger now. T am going aft.' The light bore about a point and a quarter or a point and a half on my starboard bow. What called me aft, I had a eall of nature. During the time I was in the closet I was hunting in my pockets for paper, and I found there a letter, a moneyed letter from London, that one of my men had given me that day. When I came out of the closet I went into my room to put the letter in the safe. As I locked the door of the safe and tumed around I heard the lookout running aft on the port side of the vessel. He said : 'The green light is shut in and he il jhowing his red light and atorch-light.' I told him to run and port his helm, and followed after immediately. I also gave the order to ' port.' I went on the port side and took the bearings. I looked over my rail, across the weather side from the stem, and could not see him. Then I knew there was danger. Then I stood and took the correct bearings across about 10 feet back from the stem. Then I saw he appeared aft of our stem, on our starboard bow, across the deck, where our fore stay-sail was hauled down and rolled up in a netting. To see tiiis light I had to rise up and look over the sail, which he bore about three points on our starboard bow. I looked at him a few seconds and saw it was impossible to clear him with our wheel a-port, as the vessel seemed ��� �