Page:Federal Reporter, 1st Series, Volume 2.djvu/800

 WOLF ». SOHOONEB BEETIE GALKINS. 793 �barge was to be landed at Irvington, or that he did not object to the tug's rounding to, with his boat along-side. There may be cases where the danger about to be incurred ia so very obvious that the master of the canal-boat may be chargeable with contribntory negligence in voluntarily exposing his boat to the peril without objection, but this certainly is not ,8uch a case. �The captain of a canal-boat, though he may bave had a long experience in being towed, is not, therefore, an expert in the handling of a tow by the tug. On such a question as this, whether the tug oan safely, under the circumstances, round to -with the sea that is running, he surrenders his judgment to that of the pilot of the tug, as his superior in technical knowledge, by putting his boat in the pilot's charge. The pilot of the tug takes entire control of the canal-boat, and even if the master of the canal-boat entertains some doubt about the tug's ability to execute the maneuver which it under- takes, he is to be presumed to have deferred to the superior judgment of the pilot of the tug, who takes the respônsibility for the safe and proper towing of his boat. �On the whole evidence there must be a decree for the libel- lant, with costs, and a reference to comnute the damages. ���WoLF and others v. The Sohooneb Bertib Galkiks. �{District Court, E. D. Wisconstn. ,1880.) �Coi-LisioN— Facts Determiked. �In Admiralty. �This was a libel filed by the owners of the schooner E. P. Mason to recover damages sustained in a collison with the schooner Bertie Calkins, on Lake Michigan. �The case made by the libel was this : On the first of May, 1874, the Mason sailed from Manistee for the port of Mil- waukee. At 10 : 30 o'elock p. m., and after the vessel had cleared Point Au Sable, her course was laid S. S. W. for Mil- ����