Page:Federal Reporter, 1st Series, Volume 2.djvu/104

 POWELL V. STEAM-TUG WILLIB. 97 �proper mode of landing her, and one which it was entirely Bafe to attempt without waiting for slack water, although it was one which required great care on the part of the tug to prevaut too violent a contact between the boat and the bridge, and it was shown that this degree of care was exercised, �The only question is whether the tug is chargeable with negligence in not knowing of this obstruction mider water. The cases of common carriers, and of owners or lessees of piers and wharves, which have been cited on the part of the libel- lants, have no application. Common carriers are liable for injuries caused by the negligent acts of third parties, becàuse being liable except for the act of God. The negligence of third persons in leaving hidden artificial obstructions in the way is not within the exception. Trent Nav. Co, v. Wood, 3 Espinasse, 131; Oakley v. Pocket Co. 34 eng. L. & Eq. 530; S. G, 11 Exch. 618 ; Steamboat Co. v. Tiers, 4 Zabriskie, 697. �So owners or lessees of piers assume a duty in respect thereto, and the approaches to them, towards other parties who may . have occasion to use the wharves for landing places, the neg- lect of which is clearly negligence. Mersey Dock, etc., v. Gibbs, 11 H. of L. Cas. 687; Leary Y.Woodruff, 4 Hun, 99; Carleton v. Iron Co. 99 Mass. 216. �But this tug is liable for her own negligence only. In rendering this service she was not a common carrier. The Angelina Corning, 1 Ben. 109; The America, 6 Ben. 122. Nor did her owners control or have any interest in this bridge, or landing place, so far as shown. They had no more duty with respect to its condition than the libellants had who employed the tug to take them there. There was nothing in the appear- ance of the bridge itself to suggest or raise a suspicion of any obstruction of this kind under water. It is true that braces could be seen crossing from side to side, and Connecting the spiles in each bay of spiles, and it could be seen that these braces passed down diagonally into the water, and it was to be inferred from their appearance, position, and evident pur- pose, that the lower ends of them were fastened to the outer- �v.2,no.l— 7 ����