The stringent requirements of our mar:time courts in respect to look-outs may be learned by consulting the following authorities. 10 Ilow. 585 ; 12 id. 443 ; 18 id. 108, 223 ; 21 id. 548, 570 ; 23 id. 448 ; 3 Blatchf. C. C. 92.
1.1. The neglect to carry or display the lights prescribed by these rules and regula tions will always be held, primd facie, a fault, in a collision case. 5 How. 441, 465 ; 21 id. 548, 556 ; 3 W. Rob. Adm. 191 ; Swab. Adm. 120, 245, 253, 519 ; 1 Lush. Adm. 382. And, upon the same principles, the neglect, in a fog, t,o use the prescribed fog-signals will also be considered, prima facie, a fault.
It will be observed that the duty of slack ening speed, in all cases when ,risk of' col lision is involved, is absolutely and impera tively imposed upon every steam-vessel, by these regulations, and that they require that every steam-vessel shall stop and reverse her engine when necessary to avoid a collision.
The duty of slackening speed in order to avoid a collision had been frequently declared by the maritime courts before the adoption of these regulations, 3 Hagg. Adm. 414 ; 3 Blatchf. C. C. 92 ; Swab. Adin. 138 ; 2 W. Rob. Adm. 1 ; 3 id. 95, 270, 377 ; 10 How. 557 ; 12 id. 443 ; 18 id. 108 ; but there was no inflexible rule requiring a steamer to slacken speed in all cases when there was risk of collision ; and the neglect to do it was held to be a fault only in those cases where its necessity was shown by the proofs. This
left the question open to be determined by the courts in each particular case, and per haps upon vague and unreliable estimates of time and distance and bearings, or upon con flicting and unsatisfactory testimony ; but the legislature, in view of the great power and speed of the steamers now in general use, and the very disastrous consequences of a collision of such vessels when running at their ordinary speed, has wisely made the duty imperative.
1S. Some of the rules of navigation which these rules and regulations prescribe are quite different from those applied to similar cases by the general maritime law. They will be most apparent upon an examination of the new rules for the crossing of two steam. vessels, or of two sailing-vessels, in connec tion with the rules formerly applied to simi. lar cases. And until the construction of the new rules has been settled by jndicial de cisions, it is quite likely that the changes they have introduced will increase, rather than diminish, the number of collisions. But the construction of these rules will soon be deter 'mined ; and, as they are now applicable to the vessels of most commercial.countries, the new system is likely, ere long, to become nearly universal ; and for that reason, if for no other, its adoption will doubtless reduce the lumber of collisions.