Edward J. Barton Lighterage Co. v. Davis

HOUGH,. Circuit Judge

(after stating the facts as gbove). The situation above depicted is very familiar in this crowded harbor, yet always dangerous and demanding a care certainly not here accorded it by either vessel. We agree with the court below that No. 27 was at fault, for not maintaining a lookout. The Transfer No. 8, 211 F. 965, 128 C. C. A. 463. Considering, however, the darkness of the hour, ,we are not inclined to stress the 27’s failure to see the Fuller across the pier, while, as for seeing her staff light, that would hardly give indication of what she was doing.

The Fuller we find…