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Continental, The U.S. 345 (1872)

handle is hein.slavery/ussccases0364 and id is 1 raw text is: THE CONTINENTAL. Statement of the case. of appellants was properly dismissed by the Circuit Court. The decree is accordingly AFFIRMED. TH1i CONTINENTAL. 1. Although one vessel may be sailing at night with lights other than those whose use is made obligatory on her by acts of Congress, and may by actually misleading another vessel tend to cause a collision, yet this, will not discharge the other vessel if she, on her part, have suffered her- self to be misled by the wrong lights when, if she had been intelli- gently vigilant, other indications would have pointed out or led her to suspect that the vessel was not what her lights indicated. 2. Accordingly, where one vessel was using wrong lights, and the other was not thus intelligently vigilant, the two vessels were made to livido equally a loss by collision between them. AN act of Congress-that of July 25th, 1866*-prescribes that all coasting steamers and those navigating batys, lakes, or other inland waters, shall carry a green light on the star- board side, a red light on the port side, and in addition thereto a central range of two white lights, the after light being carried at an elevation of at least fifteen feet above the liq/it at the, head of the vessel; the head-light to be so constructed as to show a good light through twenty points of the compass, namely, from right ahead to two points abaft the beam on either side of the vessel ; and the after light to show all around. It also enacts that ocean-going steamers shall cart'y at the foremast-head a bright white light, on the starboard side a green light, and on the port side a red light; these two last so fixed as to throw the light from right ahead to two points abaft the beam, and fitted with in-board screens projecting three feet, so as to prevent these lights being seen across the bow. A previous act, the well-known one of April 29th, 1864, for preventing collision on the waters,t thus prescribes: 14 Stat. at Large, 228. t 18 Id 58. Dec. 1871.1

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