difference of itself is sufficient to make the plaintiff's machine more useful when in actual and frequent operation, inasmuch as the only difference between the machines lies in the bed, the conclusion must follow that the substitution of the defendants' bed in place of the plaintiff's bed was more than a mere colorable change of form.

My opinion, therefore, is that none of the combinations claimed in the plaintiff's patent are to be found in the defendants' machine, and that the defendant cannot be held to have infringed the plaintiff's patent by the manufacture and sale of the lemon squeezer described in the bill.

The bill is accordingly dismissed, and with costs.

THE PANGUSsett.

THE YANKEE DOODLE.

(District Court, S. D. New York. May 31, 1881.)

1. ADMIRALTY CROSS-LIBELS COLLISION — Two SAIL-VESSELS ON CROSSING COURSES, ONE WITH WIND ON PORT SIDE-Seventeenth RULE-LOOKOUT— DUTY OF OFFICER OF DECK-TWENTY-FOURTH RULE-KEEPING COURSE UNDER SEVENTEENTH RULE-CHANGING COURSE BEFORE COLLISION.

Where the schooners P. and Y. D. collided below Barnegat light, off the Jersey coast, about half past 6 A. M., April 6, 1878, the former striking the latter on the starboard side, staving it in, and causing the loss of her mainmast, while the P. had her bowsprit broken, and was otherwise injured, and the Y. D. claimed that when she sighted the P., while she was heading S. W., the wind being W. by N., she first saw her green light half a point on her port bow, and thereupon luffed to S. W. by W., which course she steadily kept to let the P. pass on her port side, but the other's green light drew across hér bow, and kept on till it appeared on her starboard bow, whereupon, the vessels being by this time quite near, she kept off to let the P. pass on that side, but botli the P.'s lights then appeared, when, by keeping off, she had brought the P. about abeam, showing that the P. had also kept off, and was heading directly for her, and the P. after thus keeping off luffed just before the collision in order to go under the stern of the Y. D.; and the P. claimed that she first saw the other's red light about a mile distant, half a point on her port bow; that this light broadened on her port although the P. had ported a point and a half, changing her course to N. E., but that both lights of the Y. D. then appeared two to three points off her port bow, showing that she was heading towards the P., when the P. put her tiller hard a-port and so held it until the collision: Held, on the evidence, that the Y. D. first saw the other's green light on her port bow when she luffed to N. W. by N., and kept steadily on that course until the P.'s green light appeared on her starboard bow, and therefore that the P. could not have made and held the red light of the other on her port bow, as she claims, but that she must have had the Y. D. on her starboard bow.

That the appearance of the Y. D.'s two lights on the P.'s port bow indicated, or should have indicated, to the latter that she was crossing the course of the

other vessel, and was not caused by the Y. D. changing her course and keeping off, as claimed by the P.

That on the evidence the crossing of the course of the Y. D. by the P., indicated to the Y. D. by the green light of the P. showing on her starboard bow, and to the P. by her seeing the two lights of the Y. D., led both vessels to keep off; that the Y. D. was the first to make the change, and that this was immediately followed by the change on the part of the P.

Also held, the courses of the two vessels crossing so as to involve the risk of collision, that the P., having the wind on her port side and not being closehauled, was bound, under the seventeenth rule of navigation, to keep out of the

other's way.

That her obligation so to do was not affected by the Y. D. luffing one point when she first made the P., and that this was not a fault on the part of the Y. D. which contributed to cause the collision.

That the P. was in fault in not keeping a good lookout, and especially in this: that the mate, who was the officer of the deck and who was at the wheel, was not where he could keep the light of the Y. D. in view åfter it was sighted and reported by the lookout, his view of it being obstructed by the deck load, and that this fault directly tended to cause the collision.

Also held, that the Y. D. was in fault in not keeping her course, under the seventeenth rule, instead of keeping off when she observed that the P. had crossed her bows, which maneuver was not rendered necessary to avoid immediate danger, under rule 24, but, on the contrary, was admitted by her master to have been made in order to aid the P. in her supposed intention to pass on the starboard side, and actually embarrassed the movements of the P. and contributed to cause the collision.

That each vessel being thus brought into immediate danger by the fault of the other, the collision could not be attributed solely to the luffing by the P. just before the collision.

In Admiralty.

Benedict, Taft & Benedict, proctors for the Yankee Doodle.
Beebe, Wilcox & Hobbs, for the Pangussett

CHOATE, D. J. These are cross-libels for collision. At about half past 11 o'clock on the night of the sixth of April, 1878, the two schooners came in collision off the Jersey coast a little below Barnegat light. The Pangussett was bound from York river, Virginia, to New York, with a cargo of pine wood. The Yankee Doodle was bound from New York to Baltimore with cargo. The night was clear and starlight. The parties differ as to the direction of the wind, those on the Yankee Doodle claiming that it was W. by N., those on the Pangussett that it was N. W. The libel of the Yankee Doodle puts the wind at about W. N. W. I think the weight of the evidence is that the wind was W. by N., about a six-knot breeze. The Yankee Doodle had her lower sails set and two jibs. Her course at the time she made the light of the Pangussett was S. W., and she was making five or six miles an hour. The Pangussett carried double-reefed foresail and mainsail and had one jib set. Her course was N. E. by N. N.,

when she made the light of the Yankee Doodle. On the deck of the Pangussett were three men-the mate, who was at the wheel, and two seamen, who appear both to have acted as lookouts, one of them being on the forecastle deck, the other on the forward part of the deck-load of wood. On the deck of the Yankee Doodle there were also three men-the master, on the quarter-deck; the mate, who was forward on the lookout; and a seaman, at the wheel. The lookout on the Yankee Doodle reported a light on the lee (port) bow. It was seen at once by the master. It was so distant that at first its color was not discerned, but immediately after it was seen to be a green light. The master and the mate (lookout) both testify that it was about half a point on the port bow. The Yankee Doodle was then nearly as close to the wind as she would lie with her sails full. The master immediately gave an order to the wheelsman to luff one point, and the wheel was ported so that she headed S. W. by W., and she was steadied at that point. The effect was that her sails shook, and her headway was considerably checked. The wheelsman also testifies to seeing the green light under the main-boom after she was heading. S. W. by W. The green light drew across the bow and kept on till it appeared on the starboard bow. The master and mate both testify to this, and make it bear half a point on the starboard bow. By this time the vessel bearing the light had approached very near them. Her sails could be distinctly seen, even before she crossed the Yankee Doodle's bow. Up to this time, according to the testimony of those on the Yankee Doodle, the latter vessel was kept steadily on her course of S. W. by W. Her master then gave an order to the man at the wheel to keep hard off. The wheel was thrown hard a-starboard. The object of this movement was, as the master of the Yankee Doodle avows, to give the other vessel more room to pass on his starboard side. The master testifies that when he luffed a point after first sighting the light he expected the other vessel to keep off, show him her red light, and pass on his port side; but when she kept on across his bow, still showing her green light, and was half a point on his starboard bow, he starboarded to give her more room to pass that way. From an observation made to his wheelsman or mate, at the time of giving the order, it would seem that he suspected that the other vessel had not yet seen the Yankee Doodle. He testifies that when he kept off he did not expect a collision. It is not claimed in the pleadings, nor is it shown by the testimony, that this movement was made in extremis to ease the blow, or as a desperate movement to avoid an almost inevitable collision. The testimony on the part of

the Yankee Doodle tends to show that soon after the Yankee Doodle had kept off, and when her course was changed to the southward four or five points, so that the light of the Pangussett bore about abeam, the green light of the Pangussett up to that time remaining in sight, her red light also appeared, showing that the Pangussett had also kept off, and had changed her course sufficiently to be heading directly for the Yankee Doodle; that thereupon the main-sheet was let go to make her head off more rapidly, and she was still swinging to the southward, and had got headed round to about east, when the Pangussett came into collision with her on the starboard side, near the main rigging, striking nearly at right angles with the course the Yankee Doodle was then on. The Pangussett had her bowsprit broken off near the knight-heads, and was otherwise injured about the bow. She claims about $800 damages. The Yankee Doodle lost her mainmast, and was badly stove in the starboard side. She claims about $2,500 damages. The libel of the Yankee Doodle charges, and the testimony of those on board of her tends to show, that after the two lights of the Pangussett showed nearly abeam she hid her green light and continued to show her red light as she came on, but that just before she struck both lights came in sight again, and then the red light disappeared and the green only remained in view up to the time of the collision; showing, as they insist, that after keeping off the Pangussett changed again and luffed up, probably in order to go under the stern of the Yankee Doodle, and that she was on this luff when she struck.

The case made by the Pangussett is irreconcilable with that made by the Yankee Doodle. A light was seen and reported on the Pangussett, apparently a mile or more away. It was a red light, and so far it confirms the testimony of those on the Yankee Doodle that they saw the light of the Pangussett over their port bow. But the two lookouts on thé Pangussett testify that they saw the red light on their port bow about half a point. The mate of the Pangussett could see nothing forward from his position at the wheel, but he swears that at the time it was reported he was standing up on the tiller and saw the red light. He says it was ahead, and, if anything, a little on the port bow; that he then changed his course to N. E., porting a point and a half, and steadied at that; that he then stood up again and looked at the light, and it bore a point and a half on the port bow. The men forward also testified that the light broadened on the port bow, but their testimony does not show that they paid much attention to it again till they saw both lights, when one of them ran aft and reported

to the mate that that vessel was keeping off and running down for them. The mate testifies that on receiving this report he put his tiller hard a-port, and put the tiller in the becket and jumped up on the taffrail, and saw the two lights of the other vessel about two and a half to three points off his port bow; that his tiller was kept hard a-port till the collision.

It is evident that if those on the Yankee Doodle saw the green light of the Pangussett first on their port bow, and then, after its crossing their bow, on the starboard side, till the vessels were very near together, it is impossible that those on the Pangussett should have seen the red light, and then both lights, of the Yankee Doodle over their port bow, as they swear they did. If it stood merely on the testimony of those on the Pangussett as to their first sight of the red light, it would be quite conceivable that the discrepancy was merely owing to a mistake on their part as to its bearing. The two lookouts made it but half a point to port, and the mate was certainly doubtful if it was to port at all. So small a misjudgment in the bearing of a light is clearly within the range of possibility, but when their testimony shows that they ported, bringing it so much further on the port bow, it seems hardly to admit of the theory of mistake on their part, if, in point of fact, it was, even after their porting, still on the starboard bow, as the testimony of the three witnesses from the Yankee Doodle, if credible, clearly shows. It is suggested, indeed, that those witnesses may have mistaken a red light for a green one. But the theory of color-blindness, which would be very plausible if there were but one witness to the color of the light, is destroyed by the number of the witnesses, and their testimony is too positive to admit of the theory of mistake on their part as to the color. It is necessary, therefore, to determine at the outset which proposition is to be accepted as true-that those on the Pangussett made and held the red light of the Yankee Doodle over their port bow, or that those on the Yankee Doodle saw a green light. Upon the whole testimony I am clearly of opinion that the story of the Yankee Doodle is, in this respect, to be taken as the truth. The testimony of the two seamen on the Pangussett plainly shows that they were not keeping a good lookout for this light after they first saw it. They appear to have looked at it again,-at least, they so testify,-but they do not claim to have kept a steady watch on it as those on the Yankee Doodle did upon the light which they saw. Moreover, the mate of the Pangussett, who was at the tiller, could not see forward, and, until they were v.9,no.2-8