Page:Federal Reporter, 1st Series, Volume 2.djvu/103

 96 FEDEBAIt BEFOBTEB. �place for canal-boata laden with coal on the south side of said bridge, with a derrick arranged on the bridge for the purpose of discharging the boats upon car3 standing on the railroad track. This was the point to which the captain of the canal- boat asked to be towed, and the Willie undertook the service. �When they arrived within a short distance of the bridge the tide was still fiood, and setting directly up the river, and against the bridge, which crosses the river at that place at a right angle. The bridge is an open spile bridge, through which the tide flows, The tug rounded to so as to head the tide, and took the canal-boat on a hawser. She then let the boat fall showly back against the spiles of the bridge, by ren- dering the hawser, the tug working her engines sufficiently to hold her position in the river. The stem of the canal boat was thus brought up against one of the spiles of the bridge. This was done without injuring the boat, and with great care and caution on the part of the tug. In order to bring the canal boat into her proper position alongside of the bridge it was then necessary to swing her round with her head to the west against the bridge. This was done by slowly rendering the hawser; but when she got round so that her starboard- side came against the spile next to that at her stern, a brace, or piece of timber, running diagonally from spile to spile across the bridge, and at that point projecting beyond the spile, beneath the surface of the water, pierced her side, and she began to leak and to sink rapidly. On the discovery of the in jury the tug tried to beach her, but was unable to hold her up on the bank, and she slid off into deep water, and the cargo was lost. �The evidence is entirely satisfactory that the tug was pro- ceeding with due and proper care and skill to land the boat at the time she was injured, so far as relates to the manage- ment of the tug and tow, and that those in charge of the tug had no knowledge of the obstruction under water with which she came in contact. It was f ully proved that if there had been no such projecting obstruction under water the mode adopted for landing the canal-boat would have been a prudent and ����