Page:Federal Reporter, 1st Series, Volume 8.djvu/354

34:0 FEDERAL REPORTER. �quent lienhnlclev a stronger equity, since the first lienholder, in suffering her to go without arrest, clearly took the chances of her incurring new liabilities, according to the principles of maritime law, and in a sense may be said to have consented to her being employed in another towage service, ont of which they must be held to have understood that such a claim for damage might grow. �On these grounds a decree will be entered for the payment of the fund in court to the libellant the Phœnix Insurance Company, in part satisfaction of its damages, unless an appeai be taken within thetime prescribed by the rules of the court. ���The Frakk G. Powlbb. �(Distriet Court, S. D. New York. April 30, 1881.) �1. Canal-Boat in Tow of Tug on Long Island Sound — Sbekino Shblteb in 8T0BM Want of Anchob — Negligence— DiHBCT Damage — Cuttino Boai Adbift Scarcitt of Fuel— Admission in Pleading. �Where a tug, having in tow a canal-boat loaded with coal, started from New LondoE for New York in November, the weather being fair and the sea smooth, and when ofl the westerly end of South Sand shoal waa compelled to seek shel- ter on account of an increasing easterly storm, the boat becoming unmanagea- ble and having broken her tiller, and put in under the lee of Duck island about 2 o'clock p. M., where she circled round and round to avoid drifting ashore, the boat having no anchor, and that of the tug being too small to hold both vessels, and although she waa in a saf e place, and the storm had not abated, resumed her course about midnight for New Haven, but was socn compelled to eut the boat adrift, after taking her master and his baggage aboard, and the boat was found by her master the next day in Guilford creek, uninjured, in charge of aalvors, who had found her in Guilford harbor, and brought her in and supplied her with an anchor, but she subsequently dragged her anchor in a southerly storm, and was badly strained by getting across the channel, — �Rdd, on the evidence, that the master of the boat used reasonable diligence and good judgment in trying to secure and protect his boat from injury after she was discovered in the possession of the salvors, and that the subsequent damage was not caused by his negligence, and that such subsequent damage was the natural and probable resuit of her being cast adrift by the tug; that the want of an anchor, even if a defect in the equipment of a canal-boat on Long Island sound, was fully supplied by the one furnished by the salvors. �AUo held, on the evidence and pleadings, that the cause of the tug leaving the lee of the island was not due to the change or threatened change of wind to the southward, but to her scarcity of fuel, which was not suflScient to allow her to reach New Haven if she remained there longer, and that the want of an anchor on the boat did not contribute to diminish the supply of fuel, as the sit- uation was such that the tug could not have safely allowed her Ares to run down ; that it was clearly negligence in the tug to attempt to tow a loaded canal-boat from New London to New York, at that season of the year, with so ��� �