Innis

By the Court,

I think a new trial should have been moved for by the defendant’s counsel, and that without such motion made, and overruled, in no case should this court interrupt the verdict of a jury ; but this court, in several cases, myself dissenting, has determined otherwise. It appears that the ship liliods Island was freighted mainly with lumber, and moored near, if not in, the usual track, or in the line of steamers and other vessels entering the harbor, further down the bay than where vessels usually discharge—that she exhibited no lights,' and had no watch on her decks—that vessels on either side of her hoisted lights—.that in this harbor some vessels, when moored, set a watch and lights, and some do not. Upon the *460 question whether it is customary or required by prudence to set a watch or hoist lights, there was conflicting testimony. At the time of the collision the atmosphere was hazy, and the vessel was obscured by the shadows of the hills. It is not contended that the accident was wilful or was occasioned by the gross negligence of those in command of the steamer Senator, It appears from the testimony of several witnesses on the lookout at the time, that the…