Page:Federal Reporter, 1st Series, Volume 2.djvu/105

 98 7BDEBAL BEFOBTEiB. �most spiles below the surface of the water, but there was nothing to indicate that they protruded beyond the spiles; and in view of the f act that this was a landing place in actual use, as was indicated by the derrick, I do not think that the ex- ercise of ordinary care called upon those in charge of the tug to anticipate that the ends of these braces might so protrude. On the contrary, it seems to me that any person, having occasion to use the landing place would, without any thought of danger of this character, bring his boat up to the landing place in entire confidence that the place had been made safe for the approach of beats. �The danger could not be seen by persons going up and down the river in tugs. It could only be discovered by an examination under the water by a person going very close to the bridge. At low'tide the obstruction was a little below the surface of the water. Subsequent examination disclosed the fact that the braces projected more or less at every spile, and had been somewhat worn ofE by frequent contact with boats lying there. The one which the Nightingale struck against projected far enough to push a hole in her side as she was let down very slowly against the bridge. It made it dangerous to land a loaded boat, as she was landed, with the tide, but those in charge of the tug were not, in my opinion, at fault or chargeable with negligence in not knowing that the ob- struction was there. �It is doubtless true that a tug is bound to know, and avoid, so far as reasonable care and skill can do it, those dangerous points in the navigation, upon the voyage undertaken, which are well known to the public generally, and also such other obstructions and dangers as are in fact known to those in charge of the tug. But it would be holding her to a higher degree of care than the law imposes on her, to charge her with negligence in not knowing of a hidden projection un- known to her, dangerous to her tow, at a landing place selected by the tow, and which, from its evident actual use as a landing place for such a tow, those in charge of the tug may have reasonably inferred was Buitable for the purpose to which it was put. ����