The presiding judge, addressing his brethren of the Court, said that these cases are becoming so numerous that it was for the interest of the owners of ships that they should be decided promptly. With regard to the burden of proof, it is of course necessary for the plaintiff to present all the evidence reasonably within his power, but that after he has done that it rests upon the other party to show that they have not been guilty of the acts attributed to them. With regard to the distance at which the vessels were seen by each other, and the time which elapsed before the collision, nothing is more difficult than to find consistent evidence. The conclusion of the allegation in defense is in substance that the collision was either the result of inevitable accident, or was the fault of those on board the Charles Bartlett. What is an inevitable accident? Inevitable must be considered as a variable term, and must be construed with regard to the circumstances of each case. In almost every case it is possible to avoid a collision by going at a slow pace, or lying to during a fog, but the import of the words “inevitable accident” is this, where a man is pursuing his lawful vocation in a lawful manner, and something occurs which no ordinary caution could prevent. Continuing, the presiding Judge said to his brethren of the Court, “It is very easy to define what is a lawful vocation, but it is not so easy to say what is a lawful manner. The test is the probability of injury to others, and that of course depends on circumstances, as for instance the time and locality where the occurrences take place. The object of our inquiry is whether in the case of the Europa going about twelve and a half knots an hour in so dense a fog that she could not see beyond one hundred and fifty or two hundred yards, and in latitude 50.48 and longitude 29, there was more than ordinary probability of meeting vessels. If there was a reasonable probability of a collision, then beyond all doubt she would be to blame. If, however, there was no reasonable probability of meeting vessels in the track pursued, she was nevertheless bound to take all necessary precautions to insure safety. One of the most important questions as to these precautions which we are to decide, is whether there was or was not a sufficient lookout on board the Europa. The law undoubtedly requires as a reasonable lookout the most ample that could be adopted. Was there such a lookout on board the steamer? According to the evidence the general practice on the Europa in dense fogs was as follows: first to station an officer on the foremost bridge; second, his junior at the Con; third, a quartermaster at the wheel; fourth, a second hand in the wheelhouse, and fifth and sixth, two lookouts on the topgallant forecastle. There is some evidence also tending to show that a man was stationed in case of a fog on the lee side of the bridge, and also a man at the crank to convey orders to the engine room.