This case comes before us on appeal from a decree of the circuit court, with a finding of facts upon which it was rendered. We are, therefore, relieved of much of the embarrassment experienced on the trial, both by that court and the district court, from the difficulty of determining from the evidence the exact position of the vessels immediately preceding the collision. Here we must take the facts as found and apply the law to them. In cases of admiralty and maritime jurisdiction, on the instance side of the court, under the act of congress of 1875, the finding has the effect of a special verdict in an action at law. There is, it is true, a bill of exceptions in the record, but it contains exceptions only to the finding, and to the refusal of the court to find otherwise. It presents no question for our consideration except such as arises upon the facts as found. There is no occasion in any case to except specially to a finding, as its sufficiency, in connection with the pleadings, to support the decree rendered, is always open to consideration on appeal.
On the evening of December 30, 1875, the ship Harvest Queen, an American vessel, sailed from the harbor of Queenstown, Ireland, for the port of Liverpool, England. She was 187 feel long, of 1,626 tons burden, and had at the time a cargo of grain on board. On the same day the steamer Adriatic, a British vessel, left Liverpool for New York, and proceeded down the Irish channel. She was 450 feet long, and of over 3,000 tons burden. Her forward deck was roofed with what is termed a turble-back, so called from its shape. The spray of the sea dashed over this roof, and the lookouts of the steamer were, therefore, stationed on a house just abaft of it.
The wheel-house was on deck, and above and a little forward of it was the bridge on which the officer on watch usually took his position. Adjoining the wheel-house, and opening into it, was the chartroom. At a quarter past 2 on the morning of December 31st, the captain, who had been on duty all the time after leaving Liverpool, went into that room and lay down on a sofa, giving orders to be called at 4, or sooner if any vessels came in sight. The first officer was then on watch, standing on the bridge, most of the time on the starboard side. Three seamen were on the lookout,-one on each side of the house mentioned, and one on the port side of the bridge. At 35 minutes past 2 the first officer, looking through a night-glass, saw a green light about two points on his starboard bow. It could not be seen by the naked eye. It proved afterwards to be a light on the Harvest Queen. At this time the sky was clear, with scattering clouds, but on the water the night was dark; the wind was blowing a fresh breeze from the S. W., and the sea was running high. The steamer was going about 12 knots an hour, having all her lights in their proper places and burning brightly. Soon afterwards the light on the Harvest Queen was seen by one of the lookouts, and two strokes were given to the bell on the turtle-deck as a signal that a light was seen on the starboard bow.
Four minutes after that-at 39 minutes past 2-the green light of the ship, which had broadened to three and a half points, changed to red. Up to this time the steamer had not altered her course. The character of the approaching vessel was not known, nothing but her light being seen. But, whether she was propelled by wind or steam, the steamer pursued the proper course to prevent the danger of collision. Her green light must have been equally visible from the Harvest Queen; and when two vessels keep the same colored lights in view of each other, collision is impossible, for they are them moving on parallel lines. The lights on vessels are required to be so placed as not to be seen across their bows. The red light coming in sight indicated that the ship had changed her course, and was no longer running on a parallel line, but in a direction which, if continued, would bring her across the bow of the steamer. The first officer, therefore, at once gave an order to port the helm, and signaled the engineer to stand by the engine, following this with a further order to slow the engine. Both these orders were promptly obeyed, and the steamer slowly swung to the right.