Page:Federal Reporter, 1st Series, Volume 2.djvu/795

 788 FEDEEAL EEPOETBB. �a-half months' demurrage. From the ship-carpenter's own testimony it appearSj I think, that three months should have been a reasonably sufficient time in which to have com.- pleted the repairs made necessary by the collision. I there- fore deduct one month and a-half, which would reduce the demarrage from $553 to $368.67. ���White V. Stbam-Tug Lavbrgnb, etc. (District Court, S. D. New York. May 20, 1880.) �Nboligkncb— BoAT m Tow of Tug— Landino Baege.— A tug cannot expose a boat in its tow to any unnecesaary peril in the course of the voyage, while leaving a barge in its tow at an intermediate landing. �Same — LiABUiTT OF Tug- Boat Pilot.— A tug-boat pilot must ordinarily be held to be able to anticlpate the action of the wind and aea on boats in bis charge. �Samb — CosTHiBUTOBT NEGLIGENCE — Master of Boat. — The master of a towed boat is not chargeable with contributory negligence in acquies- cing in the exposure of such boat to an unnecessary peril by the tug- boat pilot, unleas the danger about to be incurred is very obvions. �W. R. Beebe, for libellant. S. H. Valentine, for claimant. �Choate, D. J. This is a libel to recover damages alleged to have been sustained by the libellant's canal-boat F. W. Walker, on the fourteenth day of April, 1878, while in tow of the steam-tug Lavergne, through the carelessness of the •tug. The tug undertook to tow the canal-boat, which waa light, from Nyack to Hoboken. She had also to tow from Nyaek to Irvington, four miles below Nyack, on the east side of the Hudson, a heavily-loaded barge. She took the canal- boat on her port side and the barge on her starboard side, and proceeded down the river. There was a brisk north-west wind, making a short, chopping sea in that part of the river which broadens into what is known as the Tappan Sea. The "weather was pleasant, and there is no evidence of any change in wind or sea up to the time of the accident. After getting into the middle of the river and proceeding down for about ����