Page:Federal Reporter, 1st Series, Volume 3.djvu/412

 MASOH V. STBAM-TOO WILLIAM MUETAUGH. 405 �4. CoNTRiBUTOBY NEGLIGENCE — Master of THE BoAT.—rln such caseths acquiescence of the master of the boat, who had Lad a long expeçienca as a boatman in crossing the bay at ail seasoos, constituted contribu- tory negligence. �W7nte V. TAe SUam-tug Lavergne, 2 Fed. Kbp, 788, distinguished. �F. A. Wilcox, for libellant. �E. D. McCarthy, for olaimant. �Choate, D. 3. This is a libel brought by the owner of the barge J. Stackpole, to recover the value of the barge and her cargo of coal, alleged to bave been lost through the negli- gence of the Bteam-tug, which undertook to tow her from Port Johnson to New York, on the twenty-ninth day of No- vember, 1879. The tug left the stakes near Port Johnson on that day, about 2 o'clock, with a tow of ten boats, including the J. Stackpole, which was placed in the, hawser tier, being the outside boat on the port side. After rounding the can- buoy, •which is just below Eobbins' Reef,and while proceeding slowly on her way up the bay, the barge was found tobeina sinking condition. She was cast ofif from the tow, and sunk, with her cargo. She had three hatches, each about six feet by eight, and another opening in her deck, about a foot square, She had a cargo of about 225 tons of what is called buckwheat coal, the smallest kind of coal aboye coal dust. She was 97 feet in length, and 22J feet in width. Her plank sheer was about 18 inches above the water,. She had a log rail about nine inches high, with scuppers a foot long by three or four inches wide. The combings of her hatches were nearly as high as her rail. She had no coverings for her hatches, and the coal was piled up above and around her for- ward and after hatches. The middle hatch was clear. It ia a conceded fact in the case that the cause of her sinking was the taking of water on her decks and through her hatches, and the other opening in her deck. The wind had been blow- ing from the west to the north-west since early in the morn- ing, a fresh breeze, which had increased so that when the tug etarted from the stakes it was blowing at the rate of about 21 mUes an hour. ����