Page:Federal Reporter, 1st Series, Volume 2.djvu/102

 POWELL ». BTBAM-TUG WILLIB. 96 �the Steamer, in every case of uncertainty with regard to the course of a sailing vessel with which she may come into col- lision, not to proceed or to change her course while that uncer- tainty remains. �With regard to the damage, I do not think the amount claim- ed is excessive. The value of the vessel, including ail her equipment for her business of oystering, is put at $1,200; and I think the testimony shows it to be a f air valuation, and that, at that time of the year, when the oyster season had just begun, she could not be replaced for a less sum. The other amounts of loss seem to be reasonable, and I will sign a decree in favor of libellants for $1,558, and costs. ���Toyttui, and others v. Steam-Tug Willib, etc. �(Biitrict Court, 8. D. New York. April 20, 1880.) �A.DMIRAI.TT—TUG— Negligence— DowDALL T. The PennstlvaiîiaRaii.- BOAD Oo., 13 Blatch. 403.— a tug is not chargeable with negligence in not knowing of a hidden projection, dangerous to her tow, at a landing place selected by such tow, and which, f rom its evident actual use as a landing place for such a tow, it was reasonable to infer was suitable for the purpose to which it was put. �In Admiralty. �T. G. Cronin, for libellante. �W. R. Beehe, for claimants. �Choate, D. J. This is a libel to recover, agaînst the steam- tug Willie, the value of the cargo of the canal-boat Nightin- gale, alleged to have been lost through the negligence and unskilfulness of those in charge of the Willie, which had the canal-boat in tow. The Nightingale was loaded with coal, and was taken in tow by the Willie at New Brunswick, N. J., on the tenth day of October, 1873, to be towed to the Mont- clair railroad bridge, in the Hackensack river. At that time there was, and for a short time before had been, a landing ����