Page:Federal Reporter, 1st Series, Volume 8.djvu/376

362 FEDERAL REPORTER. �The answer set up as a defence the folio wing i^cts : That wlien she left Stamford with her tow she was properly manaed and equippod, provided with a compa'^s, and in every way fitted for the voyage; that the weather and tide appeared favorable, and she proceeded slowly down the river, and when she reached about the vieinity of the place where the barge stranded a heavy snow-storm set in, thereby obscur- ing landmarks and lights; that the only course to be adopted under such circumstanoes was to proceed slowly, which was done, and every care was taken to keep the channel and avoid all obstructions, but that when she was within 40 feet of a beacon, which the storm had entirely obscured, the barge stranded. The answer denies that the accident was catised by the faults attributed in the libel to those in charge of the tug. The answer also sets up a subsequent agreement between the owner of the tug and the libellant that if the owner of the tug would complete the removal of the catgo, which had already been commenced by the captain of the tug, tow her oflf the rocks, and auction her at the place where the wrecking steamer could take her in towi and tow the barge loaded with the stranded barge's cargo to Norwalk, pay all the bills inourred by the captain of the tug up to that time connected with the discharge of the cargo, and tow as re- quired some of the wrecking compar.y's plant from Stamford to City Island, or any other place in that vieinity, as might be ordered, the libellant would accept the barge at anchor, and release the tug-boat and her owners from all costs and expenses which from that time might be incurred for repairs, refitting, and towage of the barge, as well as all liability of the tug or her owners on account of the strand- ing. The evidence is that the tug with her tow started from Stam- ford by way of the canal and the river on this voyage, following iinmediately in the wake of the steam-tug Vim which was bound for New York ; that after they left Stamford there was a slight fall of snow, but for some time they had no difficulty in making out the lights on the shore, and the landmarks; that it is usual to navigate this harbor by ranges and landmarks, rather than by the oompass; that the passage at the mouth of the harbor is rocky on both sides. The evidence is very conflicting as to the point where, if at all, the snow-storm became so thick that the pilots lost sight of the lights and landmarks on the shore. I think the weight of the evidence is that they did so before they reached the place where the barge stranded. It is true that it is very pogitively testified to by several wit- nesses that the lights and landmarks eontinued to be visible, but these witnesses had no duty to perf orm with . reference to the obser- ��� �