Page:Federal Reporter, 1st Series, Volume 10.djvu/789

 THE HBNRY CHiPEL. 777 �The Henry Chvpel. {District Court, D. Massachusetts. February 22, 1882.) �1. Admiralty — Damages for Negligent Towagb. �A tug undertaking to tow a vessel in navigable waters is bound to know the proper and accustomed water-ways and channels, the depth of the water, and the nature and formation of the bottom, wliether in its natura] state or as changed by permanent excavations, and is responsible for any neglect lo observe and be guided by tliese conditions. �2. Same — Notice op Danger — Rbsponsibilitt. �Where one of the proprietors of the wharf to whioh the schooner was beiiig towed, and who was also one of the owners of the cargo, neglected to caution the tug of the danger, such neglect will not render the schooner responsible, he being aeither owner, charterer, nor agent of the schooner. �Libel filed by the owner of the Bchooner Ann S. Brown against the steam-tug Henry Chapel, to recover for injuries alleged to have been caused by negligent towage. �C. T. d T. H. Russell, for libellant. �Haie e Walcott, for elaimant. �Nelson, D. J. Smith's coal wharf in Cambndgeport is built on the northerly side of Charles river, and is separated from the main channel of the river by wide flats, bare at low water. The wharf is connected with the main channel by a dug-out channel, extending acroBS the flats, and in front of the wharf the bottom has been dredged out, so that vessels with a draught of 11 feet can corne to the wharf at high water. The dredging in front extends out some dis- tance from the wharf, forming a basin with sloping aides, and in this space it is customary for coal vessels to lie when waiting their tum to unload. The usual and proper course to approach the wharf is to cross the basin midway until near the junction of Smith's wharf with Bent's wharf, which adjoins it on the west, and then to turn west- ward. Upon this course the depth of the water at high tide is suf- ficient to float a vessel with a draught of 11 feet, and the bottom is even and uniform, so that vessels can there lie with safety when left aground at low tide. �The schooner Ann S. Brown arrived in Boston, May 27, 1881, from New York, having on board a cargo of 295 tons of coal, to be delivered at Smith's wharf. Having passed the bridges, and anchored above West Boston bridge, she engaged the tug-boat Henry Chapel to tow her up to the wharf. This service the tug undertook to perform on the afternoon of June 3d, at high water. The draught of the schooner,. ��� �