Samuel Blatchford

“ Although the wind had got as far as S., the Jones had no right to persist in falling off towards the Willis to an extent sufficient to produce a collision, when the Willis was all the while going away in the same direction. The duty of the Jones to keep her course did not permit her to do so in such a way as to bring about a collision with a vessel whose green light was constantly receding. There is no idea appertaining to keeping a course which justifies holding to it in such way as to bring on a peril. ”

“ By starboarding and going away from the green light of the Jones, the Willis took a course of safety, and, in the language of the cases, 'determined the risk.' Article 12 applies only to cases where the vessels 'are crossing so as to involve risk of collision.' Even assuming, on the facts found, that these vessels were crossing, so as to involve risk of collision, when they first sighted each other, the Willis 'determined the risk' when she had gone off two points by starboarding, and brought green light to green light. ”

“ When two sailing ships are crossing so as to involve risk of collision, then, if they have the wind on different sides, the ship with the wind on the port side shall keep out of the way of the ship with the wind on the starboard side, except in the case in which the ship with the wind on the port side is close hauled, and the other ship free, in which case the latter ship shall keep out of the way. ”