Page:Federal Reporter, 1st Series, Volume 3.djvu/877

870 FSCEBiL BXfOBTEB. �BoHOONEB Marqaebt V. Stbameb C. Whiting.* �{District Court, E. D. Pennsylvania. September 29, 1880.) �1. ADMiKAivrr — Collision — Liabilitt of Steamer— Pailurb to Watoh �MovEMENTS OF Sailinq Vessbl. — A steamer Jield liable for collision ■with a schooner caused bjr the failure o€ those in charge of the steamer to keep a watch on the movements of the schooner. �2. Same— Failtirb of SAiLiNa Vessel to Exhibit Lightbd Torch— �When IMMA.TBRIAL— Aot of Oowoeess.— The faîlure to exhibit a lighted torch to a steamer, as prorided for by section 4234 of the Kerised Statutes, does not render the gaillng vessel liable to damages for a collision, uniess such failure tended to produce the accident. �8. Bamb— Object and Epfbct of Statutort Provision.— The object in requiring the torch is to notify approaching vessels that another is in front. If this knowledge is furnished in any other wt^, the office of the torch is performed and its ejdiibition is immateriaL �In Admiralty. �Libel by the master of the soliooner Margarei against fhe steamer C. Whiting, to recover damages for loss by collision. The facts were as follows : Between 4 and 5 o'clock on the moming of November 2, 1877, the schooner was beating down the Delaware river against the wind and with the flood tide just making. The wind was blowing a whole-sail breeze, there was a drizzling rain, and it was commencing to storm. In tacking from side to side she had reached mid channel on her port taek, sailing close hauled, when she was run into on her port side and sunk by the steamer, which was coming up the river at the rate of about six knots per hour. The steamer was not observed from the schooner until within about 15 or 20 yards. The schooner had proper lights, but did not exhibit a lighted torch as required by section 4234 of the Eevised Statutes, and had no such torch on board. The lookout on board of the steamer first diseovered and reported the green light of the schooner off the steamer's etarboard bow. According to the testimony of one of re- epondent's witnesses the schooner was then about a mile dis- tant. The other witnesses could not fix the distance. Upon �*Prepared by Frank P. Pricliard, Esq., of the Philadelpliia bar. ����