Page:Federal Reporter, 1st Series, Volume 1.djvu/633

BEEGEN V, TUG JOSEPH BTIOKNEY. 625 �and, -wîth several other boats, brought to a place in the East river called the Sea Fence, where it was usual to stop with tows preparatory to distributing the boats according to their several destinations. The libel charges that while the Ida was lying moored by the sea fence, the tug, in taking up other boats for distribution, and having on her port aide two boats, ran against the Ida; that the outside boat on the port hand of the tug struck the Ida on her port quarter about six or eight feet from the stern with great force, causing the inju- ries alleged to bave been sustained. To maintain his case • the libellant bimself and his son, about 12 years old, testi- fied. The libellant swore that the boats came together with so great force as to split a thick and heavy feuder; that no apparent damage was done to the side of his boat, and that be did not know at the time that any damage was done, but the tug with the boats in tow continued to press and crowd the Ida forward so that she was pushed forward six or eight feet and her bowline parted. ïïe says that he did not dis- cover the damage done till his little boy opened one of the hatches and told him that the water was running in. He was then going below for his pipe, and he went and looked and saw that she was sinking; that he then called eut to the cap- tain of the tug that he was sinking. �. On the part of the tug the pilot was examined. He admits that in ^etting other boats along-side the tug for the purpose of taking them away he lay close to the Ida, but he denies having hit her, or crowded her against the pier. Another witness called on the part of the tug stood on the pier and saw the whole performance. He saw no collision, nor any crowding of the Ida forward. The boy testified to his father's putting in the fender between the Ida and the other boat. He also testified to the other boat striking the Ida, but says noth- ing of the nature or force of the blow, or of its splitting the fender, or of the crowding of the boat forward, or parting the bowline. The supposed injury to the boat was the squeez- ing of her sides together so as to burst off two planks on the stern, and otherwise to strain her so as to make her leak v.l.no.S— 40 ��� �