Page:Federal Reporter, 1st Series, Volume 3.djvu/44

PANGBtJRN V. KORWEfllAN BAEK GUKN. 37 �striking of the Carmelita Eocca upon her. The third suit, which was brought in the southern district of New York, but is heard before me with the other causes, by consent, is by the owner of the Carmelita Eocca, to recover for the damages caused to that vessel by the act of the master of the Gunn in causing her to go adrift. �The defence on the part of the Gunn is that the damage arose from inevitable accident, and not from any fault on the part of those in charge of the Gunn. The defence on the part of the Carmelita Eocca is that the damage done by her to the canal-boat was caused by fault of the Gunn, and not by any fault on the part of the Carmelita Eocca. �I do not deem it necessary to follow the careful argument that bas been made on behalf of the Gunn to justify the Bteps taken by those in charge of that vessel to make fast, and show that it was impossible for them to have done more that they did to get the vessel properly fastened before she broke adrift ; for, as I view the case, the eontroUing fault on the part of the Gunn was in coming along-side the Carmelita Eocca at the time she did. The Gunn was in tow of a tug. A heavy storm was seen to be approaching. There is no evi- dence to show that the slip where these vessels were was the only or indeed a proper place to enter at such a time. It must be presumed that there were other places where the Gunn could bave made fast if the effort had been made in time, and perhaps she could have anchored without difficulty. Instead, she took the risk of getting into the slip where she was bound, and then making fast before the storm should treak. In this she failed. The storm was upon her before «he was made fast, and the consequence was the damage to these other vessels in"^ the slip, who were guilty of no fault, «nd Bustained injury simply because the Gunn attempted a dangerous maneuver to do what, according to her own show- 'ing, it was impossible for her to accomplish in the time at 'ter disposai, namely, get properly fast to a pier in the slip. �It is said in behalf of the Gunn that she would have aooomplished this had not the lighter Helen Brown struek her hawser as it was being run to the pier, and afterwarda ����