Page:Federal Reporter, 1st Series, Volume 9.djvu/629

614 FEDEHAL BEPOBTBK. ���The James Jackson.* (District Court, S. D. Ohio, W. D. November 25, 1881.) �1. TowrPTG — CoMMON Cabeier. �Semble, that a steamboat engaged in towing a barge is not a common carrier. �2. TowiKO-BoAT — BouND TO Reasoiiablb Bkili/ and Caeb. �Although not held to the responsibility of a common carrier, the towing- bdat is bound to the exercise of reasoiiable skill and care in everytliing- per- taining to its employment. �3. Bamb—Same— Special Contract — NEaLioENCB. �Semble, that a boat engaged in towing a barge cannot relieve itselt by con- traot of the consequences of its own negligence. �4. Special Conte act — Btjeden of Proof. �The burden of proving a contract that the barge was to be towed at the risk of its owner, is upon the towing-boat asserting such contract. In this case, held, that there was no contract to relieve the towing-boat of the consequences of its negligence. �3. Towing— Baeqb of On. in Bulk— Negligence — Case Stated. �A steam-boat agreed to tow a barge, loaded with oil in bulk. The barge was new, apd properly adapted to the purpose for which it was used. The barge sprung a leak and a considerable quantity of oil ran eut upon the water orice. This was probably caused by negligence of the towing-boat in handling the barge ; but, whether that was the fact or not, those in charge of the towing-boat knew of the leak, and without examination as to whetlier the surface of the water was covered by oil, a shovel of flre ashes was thrown out upon the water, which ignited the oil and blew up the boat. Held, to have been negligence, and that the towing-boat was liable for the damage. �In Admiralty. �Lincoln, Stephens de Slattery, for libellant. ' Moulton, Johnson e Levy and W. H. Jones, for respondent. Swing, D. J. The libellant claims — �That on the twenty-first day of December, A. D. 1878, he was the owner of the barge Eice No. 1 and her cargo, consisting of 2,327 barrels of oil ; that the barge was built expressly for towing oil in bulk; that it was new, and in every respect suited for such business; that the steam-boat James Jackson, through her owners, on the twenty-flrst day of December, 1878, agreed to tow said barge and her cargo from Pittsburgh, in the state of Pennsylvania, to Marietta, in the state of Ohio, and there safely deliver said barge and her cargo to the libellant for the sum of $45 ; that said barge and cargo were delivered to said steam-boat and taken charge of by her Saturday afternoon, December 21, 1878, at Pittsburgh, in pursuance of said contract; that said barge was, at the time, well and properly loaded, and was right and sound in every respect, and in good order and condition ; that said boat did not deliver said barge and cargo as she agreed to, and did not proceed steadily upon her voyage, but laid up on Sunday night at New Cumberland, West Virginia, and �♦Reported by J. C. Harper, Esq., of the Cincinnati bar. ��� �