Page:Federal Reporter, 1st Series, Volume 9.djvu/724

THh fAVOaiTE. 700 �The Favorite. {Dietrict Court. N. D. lUi-nois December 12, 1881.) �1. 8TEAMBK WITH A TOW— SaILINQ RUI.ES 20 AND 21. �Where there is ample sea-room to make every maneuver necessary to Insure safety, a steamer with a tow is bound by sailing rules 20 and 21 of section 4233 of the llevised Statues— which require a steam-vessel (1) to keep out of the way of a sail-vessel, when the two vessels are proceeding in such directions as to involve risk of collision ; (2) when approachin!? another vessel sf,) as to involve rlsk of collision— to slacken her speed, or, if necessary, stop and reverse. �In Admiralty. �Schuyler e Kremer, for libellants. �Richberg e Kniep and McCoy e Pratt, for respondent. �Blodgbtt, D. J. This is a libel by the owners of the schooner Grace A. Channon, for damages by a collision between the schooner and the steam-propeller Favorite, on the waters of Lake Michigan, on the night of August 2, 1877, whereby the schooner and her cargo became a total loss. It is claimed by libellants that the collision occurred by reason of the negligence of those in charge of the steamer in not keeping out of the way of the schooner, while the respondents, the Kirby-Carpenter Company, owners of the steamer, insist by their answer and proof that the collision was so far contributed to, if not caused, by the negligence of those in charge of the schoonei? in not keeping her on her course, as to relieve the steamer from liability; and also that the steamer, being encumbered with tows, is not gov- emed by rules 20 and 21 of section 4233 of the Revised Statutes of the United States. �The undisputed facta material to the issue are that on the night of the collision, the schooner, in pursuing a voyage from Buiialo to Chicago with a cargo of coal, was between Milwaukee and Eacine, along the west coast of Lake Michigan, about nine miles from land, and the steamer was bound from Chicago to Menominee, iight, with three barges in tow, also Iight. The wind was from west to west by north; the night clear. The schooner and steamer each had their proper lights burning, the steamer having two bright white lights burning at her mast-head, to indicate that she was towing other vessels. �The sailing rules involved in this controversy are : �Eule 4. " Steam- vessels, when towing other vessels, shall carry two bright white mast-head lights vertieally, lu addition to their aide lights, so as to dis- tinguiah them from other vessels," etc. ��� �