Page:Federal Reporter, 1st Series, Volume 8.djvu/364

350 FEDERAL REPORTER. �testimony as to the prudence or imprudence of keeping on their course along the South, channel to the south of Long Sand shoal, instead of going into Saybrook, is entitled to little weight on account of their ■want of experience. But on the question ■whether, when they were at the point at which they should change their course to go in there, the wind and sea had tisen so as to make it very dangerous to proceed on their course, the preponderance of the evidence is against them. This point being established, all the subseq[uent disaster and damage may be attributed to this failure to take shelter in Connecticut river, as their cause, and on this ground also the tug is liable. �Other points made on the trial may be very briefly noticed, The weight of evidence does not sustain the claim of the libellant that �, the wind and sea had risen so much when they came out of the river �that the canal-boat was dropped astern because it could not be safely towed along-side. On the eontrary, I think the evidence is that it was then f air weather and that the sea was smooth, and so continued for a considerable time. Therefore, the point made that they were bound to turn back at the mouth of the river is not sustained. I think, also, it is �t not made out to have been imprudent, as the weather then was, for �the tug to proceed to the southward of Bartlett's reef instead of t'aking the Two Tree island channel, which some of the witnesses, experi- enced pilots, seem to prefer; nor, if the weather had continued fine when they reached the east end of Long Sand shoal, that it would havc been fatally imprudent to have taken the channel to the south instead of the north of that shoal. Nor is it made out that the canal- boat could have been safely beached in the vicinity of Duck island, or that an attempt to do so would, under the ciroumstances, have been an act of prudence. But, on the two grounds above stated, there must be a decree for the libellant, with costs, and a reference to com- pute their damages. ��� �