Page:Federal Reporter, 1st Series, Volume 4.djvu/745

BWEDISH BARK ADOLPH. 731 �of navigation ; that the claim made by the A. was incredible aa a whole, and that the testimony of her lookout and mate that they made the red light, when flrst seen, on the port bow, must be rejeoted as a mistal^e. �Hdd, that upon the evidence the wind was about north-east by north, and that afler making the red light nearly ahead the A. ported till she came up as close to the wind as she could get with full sails, and kept by the wind till the collision. �That the F. was in fault in not porting ; that the A., having ported till she came as close to the wind as she could get, had complied with the rule as far as she was bound to do. �Hdd, that on the evidence the P. did not keep her course, but star- boarded when dangerously near the A., and that this contributed to cause the collision. �That while the offlcer of the deck on the A. was clearly negligent in not keeping his attention constantly flxed on the approaching vea- sel after the light was reported, still this fault did not contribute to cause the collision. �That even an innocent third party — the ownerof cargo — injured by a collision, cannot recover against either vessel without alleging and proving that she was guilty of » fault whlch contributed to bring about the collision. �Simply showing a case of doubt as to which vessel was in fault is not enough to justify a recovery. �The James Bowen and The B. L. Dayton, Dist. Ct. 8. D. N. Y. �In Admiralty. �Thomas E. Stillman and Wm. Mynderse, for libellant. �Henry T. Wing, for claimant. �Choatb, D. J. This is a suit brought to recover damages caused by collision between the French brig Fernande and the Swedish bark Adolph, which happened about half past 11 o'clock at night, on the fourth day of August, 1880. The Fernande, with her cargo, was sunk by the collision, and the libellant having insured the cargo for $11,500, and paid the loss, sues to recover the same against the Adolph on the ground that the collision was caused either in whole or in part by her fault. The Fernande was a vessel of 76 tons register, and 125 tons carrying capacity. Her length of keel was 66 feet. She had on board 118 tons of sait fish, and was bound from the island of St. Pierre to the port of St. Martin, Ile de Re, on the south coast of France. The Adolph is a bark of 4(50 tons register. Her length is 141 feet. She was in bal- last, and bound to New York from Sables d'Olonne, on the ����