Page:Federal Reporter, 1st Series, Volume 9.djvu/931

916 fEDEBAL BEPOBTEB. �The Austhia, etc.* �(.District Court, 1). Califorma. January 31, 1882.) �l. Inbvitablb AccrDENT. �A sliip and a schooner were fastened, respectively, to the northerly and southerly sides of the same slip. In consequence of the]violence of a galefrora the north, the forward fastenings of the ship gave way, and her bow was begin- nlng to swing to the south, when those on board of her hailed the schooner t» get away, as the ship was drif ting. In doing so the schooner foundered. Hdd, that the ship was not responsible for the injury, as her original fastenings were all that were reasonably neoessary under the circumsiauoes, aud she was, other- wise, f ree from negligence. �In Admiralty. �Milton Andros, for libellants. �W. H. L. Barnes, for claimants. �HoFFMAN, D. J. On the eighth of March, 1881, the ship Austria and the scow-schooner Modoc were lying at a pier on the north side of a slip on Oakland Long Wharf. The Modoc arrived at about 12 or 1 o'clock, and made f ast to the wharf astern of the Austria ; the latter being further up the wharf towards ita head. At about 4 o'clock p. m. the Modoc moved further up the slip, to a position south and abreast of the Austria, with the object of getting under her lee, as t^e weather had become threatening. She put out several lines to the wharf, for- ward and astern of the Austria, and attached one to the latter vessel about amidships. The wind continued, as night came on, to increase in violence, and at about 8 o'clock the Modoc was hailed from the Austria to let go the Une attached to that vessel. Before, however, this could be done, the line was cast off by the Austria's crew. The Modoc then hauled off to the south side of the slip, to a position to the south of and not far from abreast of the Austria. �A short time afterwards the schooner was hailed from the Austria to get away, as the latter was drifting. She had in fact parted her forward fasts, and 'her bow was swinging — beginning to swing round towards the south before the northerly gale. There seemed to be imminent danger that the schooner would be crushed between the Austria and the wharf. She therefore commenced hauling out be- tween the Austria's stem and the stern of the Transit, a large steamer which was attached to the southerly pier of the slip. In so doing her boat was crushed, but whether by contact with the Austria or by the falling of the schooner's main boom, the topping-lift of which had fouled with the rigging of the Transit, is disputed. The Modoc contin- �• Ke-reported, 14 Fss. Rep. 29S. ��� �