Page:Federal Reporter, 1st Series, Volume 1.djvu/160

152 FEDBKAL KEPOBTER. �That the plaintiff has often been compelled to suspend, for a considerable number of hours at a time, the running of his beats, especially by night, in consequence of the danger from running logs, imposing large expeuse upon him; and on different occasions the rudders, wheels, log chains and guards of his boats have been broken and rendered unserviceable in consequence of said logs running in said river. That twice the plaintiff's barges have been sunk by reason of the running logs, and that damages have in varions ways been inflicted upon him, exceeding in amount the sum of $6,000. That said defendants have, during the spring of 1878, made a boom at the head of Beef Island which extends across the main and only practicable ohannel of the said Chippewa river in such a manner that no boats can safely pass up or down the said river unless said boom be opened or taken away. �That the ostensible purpose thereof is to turn floating logs into Beef Slough. but the same is unnecessary for such purpose, but the real object and efiect of the same is to divert a larger volume of said water into said slough, and the efiect of such boom will be to divert the waters to a great extent into Beef Slough, so as to practically destroy steam- boat navigation on said river, and also to form a sand bar across the main channel of said river and efifectually block up the same against the passage of boats. And the said defend- ants bave constructed 10 or 12 sheer booms in said river in such manner as to endanger the passage of steamboats, the same projeoting far into the stream, and kept without a light or any man upon them, whereby the hulls of steamboats ascending said river are in great danger of being struck and punctured, and boats are often seriously injured and delayed in the effort to pass the same; and that at Round Hill the defendants have buiit a boom, more than a third of a mile in length, 80 as to bave entirely eut oii the former channel at that point and to cause the same to fiU with earth and sand, and m extension thereof bave built a sheer boom of such length that the same can be extended entirely across the river; and in entire disregard of the rights of the plaintiS the said defendants frequently carry and extend the same so ��� �