Page:Federal Reporter, 1st Series, Volume 1.djvu/639

FARB V. BTBAMSHIP FARNLBT. 631 �that time he had been near the upper end of the pier. On hearing this noise he went to the lower end of the pier and remained there, on the outside and on the inside of the shed, an hour or more.. Meanwhile the libellant's box was taken away by river thieves. Comment seems unnecessary. It ■was a clear case of negligence, �Deoree for libellant, with costs, and a reference to compute damages. ���Faeb and others «. Thk Bbitish Steamship Faenley. (District Cov/rt, D. Maryland. March 30, 1880. �CÎ01.USI0N— Steambb and Vessbl — BtTRDEN op Pkoof. — In case of a collision between a steamer and sailing vessel, the steamer is held in 'ault unless it can be sliown that slie wag prevented from perform- ing lier duty by some fault on the part of the sailing vessel. �8ame— iMPENDnsa Disasteh — Durr of Master. — "Where the collision was impending through the fault of the steamer, the master of the sail- ing vessel is only required to aot with leaaonahle skill and judgment. �In Admiralty. �Brown e Smith, for libellants. �Thomas de Thomas, for claimant. �MoERis, J. Collision between the schooner A. E. Weeks and the steamship Farnley. �The libel alleges that the schooner A. R. Weeks, 445 tons, laden with coal, sailed from Baltimore for Boston on the eighth of September, 1879, and was proceeding down the Chesapeake bay with a seven-knot breeze from the north-west, her course being S. by E. ^ E., and on her starboard tack, with ail her proper lights burning, when, at 7:30 p. m., the lookout noticed a mast-head light, distant nearly five miles, and soon af ter discovered a green light ; that those in charge of the schooner continued to watch the mast-head and green light until the hull of the steamship could be seen; that when the lights were first seen they bore about one point on the schooner's starboard bow ; that the schooner continued her course until the vessels were about a cable length apart, ��� �