Page:Federal Reporter, 1st Series, Volume 3.djvu/879

872 FEDERAL REPORTER. �meut respecting the charge of negligence in the respondent. It was his duty to keep out of the schooner's way. He saw her light a mile off ; he knew the direction of the wind, the ■width and character of the channel, the course the schooner must necessarily pursue, — baeking from side to side, — and with this knowledge he could, and with the exercise of proper vigilance would, have kept out of her way. When her green light was first observed he knew her course was eastward, and that it must soon be reversed. If, instead of heading westward at this time, as he did, he had turned eastward, it is quite probable the collision would have been avoided. But, whether it would or not, the conclusion that he was grossly remiss in not observing the schooner's movements from the time she came in view, and that the collision might have been avoided but for this, is irresistible. �Was the schooner also in f ault ? She failed to exhibit a lighted torch, as provided for by section 4234 of the Eevised Statutea. If this tended to produce the accident she too was in fault, otherwise she was not. The object in requiring the torch, and the only effect of exhibiting it, is to notify approaeh- ing vessels that another is in front. If this knowledge is furnished in any other way the office of the torch is performed, and its exhibition is immaterial. Here the respondent was furnifihed with the knowledge. He saw the green light of the schooner in ample time to enable him to keep off. The exhi- bition of the torch could not, therefore, have served any useful purpose. It would not bave enabled the respondent to deter- mine the schooner's course, but, by observing the green light, might possibly have left him in doubt on this important sub- ject. The schooner cannot, therefore, be regarded as in fault. This view bas the support of ail the expert testimony taken, and also of the assessors, whose answers will be filed here- with. A decree will therefore be entered against the respond- ent for the damages sustained, with coste. ����