The Court retired, and returning at the end of half an hour, Dr. Lushington, the presiding Judge, then said: “In conjunction with the gentlemen by whom I am assisted, we have considered all the points in this case, which I have suggested as necessary to be determined, and I trust that there has been no omission as to any one of them. We have come unanimously to the following determination: That no rate of sailing by steamers or other vessels can be said to be absolutely dangerous; but whether any given rate is dangerous or not, must depend on the circumstances of each individual case, as the state of the weather, locality and other similar facts. That the rate of twelve and a half knots an hour in a dense fog in the locality where this occurrence took place, must be attended with more risk than a slower pace; but assuming that it might be accomplished with reasonable security, and without probable risk to other vessels, such rate of going could not be maintained with such security, except by taking every possible precaution against collision. That proper precaution was not taken by the Europa: First, she had not a sufficient look-out; second, we think that no proper arrangement was made as to the engines; third, because no person was placed to report to the engineers the orders as to the engines; fourth, because no second person was placed in the wheel house; fifth, that the order to starboard the helm was erroneous. We are of the opinion that if proper precautions had been adopted, the accident might have been avoided, and that the collision took place for want of the proper precautions. With respect to the Charles Bartlett, we are of opinion that a good look-out was kept on board; that she discovered the approach of the Europa as soon as circumstances would permit; that she adopted all proper measures to avoid the collision by ringing the bell and putting the helm to port. Therefore, I must pronounce against the Europa in this case.”