Selig

The Eagle, northbound rammed the Wildwood, southbound, striking her about eight feet from the stern causing damage to her hull for which a libel was brought, alleging that the Eagle was alone liable-for the collision. The answer placed the blame upon the Wildwood alleging that she failed to exhibit lights or to sound a whistle, and that she attempted to make a port to port passing. The court below held that the proximate cause of the collision was the Eagle’s negligence in traveling after nightfall without lights and in not turning to starboard on discovering the Wildwood, and ruled against the contention of the claimant that the Wildwood was also at fault for failure to have a lookout other than the helmsman in the pilot house, and that her master, though having a certificate was not 21 years of age, and not qualified to act as such officer, and that he was at fault on discovering the Eagle in not signaling as to passing, and that therefore the damage should be divided.

The contention of the appellants on the appeal is that both vessels were at fault and that there should be a division of liability. The appellee contends that there should be an increase of the sum assessed as…