Page:Federal Reporter, 1st Series, Volume 2.djvu/293

 PEDBEAL BEPOBTEE. �Samb— Same— Gkant, When ko Protbction— The f act that a bridge has been constructed under said act of congress does not render it a legal structure, except in so far as it conforms to the terms and limitations of the act. If the powers granted by the act were exceeded, or were exer- cised in a manner difEerent froin that provided in the grant of authorlty, the grant will be no protection. �Same— Bhidgk Constructed with too Nabeow a Passage Wat— Pass- ING Vbssbl — LiABiLiTT OF OwKER.— Although the width between the piers of suoh a bridge may be less than the act of congress requires, yet this will not render the owner of the bridge liable for damages to a pass- ing vessel unless the unlawful structure caused or contributed to the injury. �Same— 8ame— BroriaBN Pontoon Contbibutikg to Vesbbl's Injubt. — Where it was alleged that a sunken pontoon, placed and kept in the channel by the defendant, had caused a change in the current of the river which had thrown plaintifl's vessel over agamst a pier of defendant'» bridge, and that the accident was the resuit of two causes combined, to- wit, the presence in the channel of the pontoons and of the bridge pier, both unlawful structures, held, that these facts being established plain- tifl could recover. �Navigable Strbamb— Weeck ik— Change op CtrRHBNT — Liabilitt of ONE Causing. — Those navigating the river are under no obligation to to remove wrecks which may bemade in the ordinary and proper course of navigation, but he who, for his own beneflt, uses any part of a naviga- ble river, is liable in damages to any party injured, if such use causes a change in the ordinary course of the channel. �Same — Same — Dtjtt to Kemovb. — If defendant had a right to keep the pontoon in the river in connection with the bridge, and it waa sunk by unavoidable accident, defendant was entitled to a reasonable time in which to raise and remove it, but was not at liberty to leave it in the channel for an indefinite period. �Collision — CoNTitiBUTour Negligence — Instructiok as to. — An in- struction to the etEect that if the plaintiff has proved the facts necessary to make out his case he must recover, "unless unskilfulness or neg- lect on the part of plaintilï in handling his boat caused or contributed to the collision," ïtcld, a sufflcient charge on the subjoct of contributory negligence. �Navigable Stbeam— Obstruction est — Party not Entitled to Notice to Kbmove. — A person who places an obstruction in the navigable channel of a river is not entitled to notice to remove the same, or to abate the nuisance caused thereby. �Vessel — Collision with Bridge — Measubb op Damages. — The true rule of damages in suit for injuries done to a vessel by collision, is that the plaintiiî shall recover the loss necessarily incurred in repairing the injured vessel, and also for the use of the boat during the time neces- sary to make the repairs and tit her for business. ����