Page:Federal Reporter, 1st Series, Volume 10.djvu/777

 THE VIGILANT. 765 �change by starboarding the helm when only 100 yards ahead of the schooner. Now this distance must have been made by the schooner, at the rate she was sailing, in less than a minute — a time too short to admit of any appreciable change in the tug's course, even had her helm been starboarded as alleged ; while the impact of the schooner at the moment of collision, right between the sterns of the two starboard boats, shows that there could not have been much, if any, change in the course of the outer boats of the tow which would have exhibited such a change, at the most, if there had been any change. �The statements in two of the libels that the tug did change her course was sought to be corrected by those libellants on the hearing. Their own evidence is doubtless much weakened by this variation in their statements. But the errors of these libellants are not attribn- table to the tug, and are no estoppel upon her defence in these two libels in which she is joined as a defendant. I am satisfied that the tug did not contribute to the collision by any f ault on her part. �In the two cases of Malloy & Donovan against the D. M. An- thony alone, decrees will be entered with costs; in the two cases of Thompson & Herbert against the schooner and the tug, the libels will be dismissed with costs as respects the tug, and decrees with costs will be entered against the schooner. �A reference will be made in eaeh case to compute the damages. ���The Vigilant. (District Court, E. D. Nm York. February 3, 1882.) �1 Tug — LiABLB for Loss of Tow. �Where a canal-boat in tow was stranded by the negligence of the tug having her in tow, and in consequence of a depression or hole in the surface of the bar on which she wa? grounded a part of her bottom fell out at the receding ol the tide, held, that the tug was liable for the damage. �J. A. Hyland, for libellant. �0. B. Payne, for respondent. �Benedict, d. J. This action arose out of the following ciroum- stances: On the eleventh day of November, 1880, the sieam-tug Vigilant undertook to tow the canal-boat H. G. Baker, laden with coal, up Glen Cove creek. While being so towed the canal-boat was stranded on a bar that ran along the channel in one part of the creek. ��� �