Sec. 29. Defective lights. The lights required by statute must not only be exhibited, but they must be in such condition that they perform the functions required of them; when they are misplaced, become obscured, broken, or permitted to convey any other warning than that for which they are intended, they cease to become an element of safety, and may become one of positive danger.1 1 The Mary Augusta, 55 Fed. R. 343; The Wisconsin, 23 Fed. R. 831. In the case of The Mary Morgan, 28 Fed. R. 333, a steamer with proper lights displayed came into collision with a barge, whose lights were out of repair and in bad condition. Held, that the barge was in fault for maintaining lights in a defective condition. Where a schooner allowed her side-lights to become obscured by oil and smoke so as not to be distinguishable other than a colorless light, it was held to be contributory negligence on the part of the schooner when collision ensued. The Narragansett, 11 Fed. R. 918. Where a collision occurred between a steamer and a sailing-vessel on a clear night, and it appeared that the sailing-vessel's red light, if properly arranged and burning, should have been visible to the steamer at least six minutes prior to the collision, a proper look out being on duty on board the steamer, and the red light of the schooner not being seen by him until about a minute and a half before the collision, it was held that this fact was sufficient proof that the red light was defective. The Alaska, 22 Fed. R. 548. Where the side-lights of a schooner were so placed that when one stood at the stem of the vessel he could see both red and green lights at the same time, it was held that the schooner was in fault for carrying lights so arranged that an approaching vessel was misled as to the course she was pursuing. Clendinin v. Steamship Alhambra, 4 Fed. R. 86. Where the required light on a vessel was extinguished in an attempt to turn it up to burn more brightly, and a collision occurred before it could be relighted, it was held that the case was not one of inevitable accident, and that the vessel was liable for not exhibiting a proper light. Killam v. The Eri, 3 Cliff. 456. Where a lamp was removed from its proper place from the fore part of the rigging to mid-ships in order to clean it, and no substitute was provided for it, the vessel was held in fault for a collision occurring at that moment. Rogers v. The St. Charles, 19 How. 108. On an issue as to whether a steamship before a collision showed a white light at her mast-head, the positive testimony of witnesses that the light was properly burning there immediately before and after the collision is not outweighed by testimony of witnesses on the other vessel that they did Sec. 30. Lights for vessels under way. Sidelights: The international sailing rules provide that both steam and sail-vessels when under way "shall carry on the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to show the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles;" and "on the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles." 1 The side-lights must not only be of the proper construction and size, they must be situated on the sides of the vessel; and when placed in any other situation than that prescribed by statute, they are not fulfilling the requirement of the law. When the absence of statutory lights misleads an approaching ship, there can be no recovery for damages done by it by one guilty of such omission, unless there is corresponding negligence on the part of the colliding vessel.' And when a vessel voluntarily puts itself in a situation where her colored lights will for some time continue to be obscured over a considerable part of the area in which other vessels are moving, she is not complying with the law requiring her colored lights to be visible for ten points around not see the light, nor by the sug- placed in the center of a schooner, gestion that the light was so hung separated only by a board, it was that it was liable to be obscured held not a sufficient compliance by the foretop-mast stay-sail. The with the statute. The Empire State, Thingvallia, 1 U. S. App. 32. 126 Stat. at L. 320; 23 U. S. L. 438. 2 Biss. 216. 3 The Mary Lord, 26 Fed. R. 862; The Empire State, 2 Biss. 216; The Charles L. Jeffreys, 55 Fed. R. Robert F. Silliman v. Edward Lewis et al., 49 N. Y. 379, 685. The rule for the Great Lakes is Where a green and red light were the same. See page 73, rule 3. the horizon. In the case of The Manhassett 2 it was held that a car-float was not required by the rules of navigation to carry any side-lights when in tow, and that when it was being towed stern first in such a manner that the side-lights carried by it were not visible, there was no liability for collision arising from such omission. The navigation laws of 1885 provide for the exhibition of colored lights by a "sailing-ship under way, or being towed," but are silent as to the exhibition of such lights by vessels other "than sailingships" when in tow. This rule is in opposition to all good seamanship. Ordinary prudence requires of any vessel large enough to do harm, when being towed in such a manner or in such places that there is risk of collision, to have colored lights, and to place them where they will be seen. This defect in the regulations of 1885 has been remedied in the rules of 1890, which require all vessels when in tow to exhibit such lights. Sec. 31. Vessels towing. The international rules of 1890 provide that "a steam-vessel when towing another vessel shall, in addition to her side-lights, carry two bright white lights in a vertical line, one over the other, not less than six feet apart, and when towing more than one vessel shall carry an additional bright white light six feet above or below such light, if the length of the tow, measuring from the stern of the towing vessel to the stern of the last vessel towed, exceeds six hundred feet. Each of these lights shall be of the same construction and character, and shall be carried in the same position, as the white lights mentioned in article 2 (a), excepting the additional lights, which may be 1 The Sea Caucus, 34 Fed. R. 68. 234 Fed. R. 408. See, also, United States v. Miller, 26 Fed. R. 95. 323 Stat. at L. 439, art. 6. 426 Stat. at L. 320, art. 5. A light in a glass lantern, to which was fitted a piece of green glass of such size that the rays for forty degrees on each side of the line on which the boat was moving were colored by it, was held to be a sufficient green light within the rule prescribed for canal-boats. McCausland v. The Delaware, 3 Fed. R. 878. carried at a height of not less than fourteen feet above the hull. Such steam-vessel may carry a small white light abaft the funnel or after-mast for the vessel towed to steer by, but such light shall not be visible forward of the beam." 1 The rule of 1885 is: "A steamship when towing another ship shall, in addition to her side-lights, carry two bright white lights in a vertical line, one over the other, not less than three feet apart, so as to distinguish her from other steamships. Each of these lights shall be of the same construction and character, and shall be carried in the same position, as the white light which other steamships are required to carry."2 The rule for vessels towing upon the Great Lakes is: "A steam-vessel having a tow other than a raft shall, in addition to the forward bright light mentioned in subdivision (a) of rule 3, carry in a vertical line, not less than six feet above or below that light, a second bright light of the same construction and character and fixed and carried in the same manner as the forward bright light mentioned in said subdivision (a) of rule 3. Such steamer shall also carry a small bright light abaft the funnel or after-mast for the tow to steer by, but such light shall not be visible forward of the beam." The object of the additional lights at the mast-head is to give information to approaching vessels that the steamer carrying them is not acting independently, and when there is not ample sea-room, approaching vessels must act accordingly. Steamers having vessels in tow are not in an independent situation to act at their pleasure. The safety of the tow as well as her own must always be considered. And in crowded channels an approaching vessel, whether steam or sail, must demand less of one having a tow than if acting independently and alone. When a steam-vessel with a tow 1 Art. 3, International Rules, of the Great Lakes, rule 4, page 1890, 24 Stat. at L. 320. 72. 4 The Syracuse, 9 Wall. 672; 223 U. S. Stat. at L. 438, art. 4. Rules governing the navigation United States v. Miller, 26 Fed. R. 96, is on the open sea and has ample room to maneuver, the fact of its having a tow does not relieve it from the timely observance of other duties prescribed by the statute. It is her duty to avoid sailing-vessels and to take such measures to avoid collision as would be imposed upon her were she acting alone.1 The Favorite, 9 Fed. R. 709; The City of Troy, 9 Ben. 466. In the case of The Ant, 10 Fed. R. 294, the district court of the eastern district of New Jersey held that the statutory rule requiring a steam-vessel having a vessel in tow, to exhibit two white lights at her mast-head, applies to vessels in motion only, and where such vessel or her tow is aground or not in motion the rule does not apply. Sec. 32. Vessels towed.-"A sailing-vessel under way, and any vessel being towed, shall carry the same lights as are prescribed by article 2 for steam-vessels under way, with lights being visible only from ahead to two points abaft the beam. There was no light on the raft, but there was a lighted lantern, giving a white light, displayed from a yawl-boat at the rear of the raft. A propeller approaching the harbor mistook the light in the yawl for a vessel at anchor. The tug, observing the approach of the steamer, blew a danger signal, which was understood by the steamer to come from some boat in the harbor. A second signal of warning was given by the tug, and the steamer reduced her speed and circled out to avoid the supposed vessel at anchor, and collided with the raft. Held, that Navigation Rule No. 12 of the United States Revised Statutes, section 4233, did not require rafts in tow to exhibit lights; that there was no regulation of congress prescribing the character and number of lights to be exhibited by rafts in tow, and that the rule did not authorize the board of supervising inspectors to prescribe what lights rafts were to carry when in tow. The F. & P. M. No. 2, 36 Fed. R. 264. Under rule 4, General Statutes 1878, section 4233, a steam-tug having no masts by which it could carry a light at the mast-head, was held bound to carry two bright white lights, vertically arranged, of a character to be visible five miles on a dark night with a clear atmosphere, and so constructed as to show a uniform and unbroken light ahead and from ten points on each side to ten points on the other side of the tug. The Jesse Williamson, Jr., 17 Blatch. 106. A tug having a raft of logs of sufficient width to fill the channel arrived off a harbor at night. The tug showed the regulation green and red lights and two vertical white lights indicating a tow, the Where the failure to display towing lights did not contribute to |