Page:Federal Reporter, 1st Series, Volume 8.djvu/357

THE FRANK &. FOWLEK. ���848 ���midnight, is probably correct. After getting out into the sound, Komewhere between a mile and three or four miles from their place of shelter, they cast the canal-boat adrift, taking her master on board the tug, with his peraonal effeets, and the tug proceeded to New Haven. I think the testimonyiully sustains the claim of the owners of the tug that wben they cast the canal-boat adrift she was so unmanageable from the eombined efifect of the severity of the storm and her want of steering gear that it was impossible to tow her longer with safety to the tug. I think, also, the evidence shows that when they started with her for New Haven from under Duck island, the pilot and the master of the tug expected to be obliged to cast her adrift in the sound, and not to be able to tow her into New Haven. Whether they intended, when they started, to eut her adrift or not, it was a resuit obviously likely to happen in her condition, and with the wind and sea as they then were. �One of the principal questions in the case is, what was the reason that compelled or induced those in charge of the tug to go out from under the shelter of Duck island in the violent storm then raging in the night-time, instead of waiting where they were till the storm should subside, or until daylight should come, when many opportuni- ties of relief were likely to be offered to them ? It is the claim of the libellant that the sole cause of their thus going out and exposing the tow to this danger was that ih^e tug's fuel was so far exhausted that they could not remain longer without running the risk of getting out of coal before they could reach New Haven. And it is alleged as one act of negligence on the part of the tug, leading to the disaster, that the tug had not a sufficient supply of coal on leaving New London. This point will be hereinafter considered. The next morning the master of the canal-boat went in search of his beat. Following the shore westward he found that she had drifted into the mouth of Gruil- ford harbor, and had been rescued by parties discovering her there and brought into Guilford creek, where he found her in charge of the salvors who had brought her in. She was apparently uninjured, and lay there in a narrow channel, anchored with an anchor which the salvors supplied her with. Up to this time her owners had sus- tained no actual damage by her being cast adrift on the sound, except the amount due the salvors, which was the very reasonablo sum of $100, which Bum they demanded, and which the owners of the canal- boat have paid. It is the claim on the part of the tug that the dam- age afterwards sustained, which was caused by her getting across the ��� �