Page:Federal Reporter, 1st Series, Volume 9.djvu/726

THE FAVORITE. 711 �both classes of witnesses concurs in establishing the fact that the courses of the two vessels were nearly directlj towards each other. The schooner was sailing south, and the steamer was going north, half west. They were approaching each other nearly end on. �It is possible that f rom time to time, as the schooner f ell off f rom the wind, or luffed up into the wind, she may have disclosed her green light to the lookout on the steamer. They "were approaching each other so nearly in a direct line that it is possible, and perhaps probable, that the schooner may have shown at different moments, ■without substantially varying her general course, each of her lights to those on the steamer. But, as I have already said, the material fact is that the two vessels were approaching each other nearly end on. The steamer made no effort to get out of the way, unless it be that at some interval of time after the light on the schooner was discovered the wheel of the steamer was put to starboard and she swung off a point or a point and a half to port, where she was steadied, and rau for a short time, until the schooner showed her torch, and yery shortly after that the collision occurred. I attach but little signif- icance to the maneuvers which were exeeuted or attempted on the part of the schooner or the steamer when in immediate proximity to each other, and a collision was imminent. What ftien do, or attempt to do, under such circumstanees of danger, is frequently of little import in determining the question of responsibility for a collision. �The material question is whether there was any negligence, and by whom, in allowing the two vessels to come so close together as to bring on an impending collision. It has been urged with much abil- ity and force, on the part of the respondents, that the steamer being encumbered with tows, and having indicated that fact to the schooner by the lights carried at her mast-head, was not bound by the provis- ions of sailing rules 20 and 21, and that the officers of the schooner had an additional degree of responsibility thrown upon them, from the fact that they knew they were meeting a steamer towing other vessels ; and, in support of this decision, I am cited to the opinion of the supreme court in the case of The Syracuse, 9 Wall. 672, where the court says: �"A tug, with vessels in tow, is in a very different condition from one niien- cumbered ; she is not inistress of her motions. She cannot advance, recede, or tum either way at discretion. She is bound to consult their safety as well as her own. She must see that what clears her of danger does not put t^em in peril. For many purposes they may be regarded as a part of herself." Page 675. ■ ��� �