Page:Federal Reporter, 1st Series, Volume 3.djvu/43

 88 rEDEEAIi EEPOSÏEn. �T. C. Campbell, for libellant Pangburn. �Butler, Stillman e Hubbard, for bark Gunn. �Coudert Bros., for libellant Conti and bark Eocca. �Benedict, D. J. On the second day of August, 1878, the Italian bark Carmelita Eocca arrived in the slip ofip Kelsey's Btores, Brooklyn, and placed herself outside of the German ship Paulina, then mopred on the upper side of the wharf. A squall was threatening, and two hawsers were at once run from the stem of the Carmelita Eocca to the pier. Before her bow fastening could be put out, the Norwegian bark Gunn came into the slip in tow of a tug, and placed herself along-side of the Carmelita Eocca. The storm was then im- minent. Those in charge of the Gunn commenced at once to make fast by running lines to the Carmelita Eocca. Two lines were made fast to her, although warned that her fast- ening was not complete, and that permission to make fast to her could not be given. A hawser was also sent in a boat" from the Gunn, to be made fast to the pier. As the men were about to put the hawser over the spile on the pier, the lighter Helen Brown, having lost control of herself in the storm which was then ùpon them, drove against the hawser and pulled it from the hands of the men who had it, and Bubsequently brought up on the stern of the Gunn. About this time the master of the Gunn jumped on to the Carmel- ita Eocca and made fast a third Une to her, and at about the same time the two hawsers from the Carmelita Eocca to the pier parted, and both the Carmelita Eocca and the Gunn went adrift. They brought up on the canal-boat William Doran, lying further up in the slip, each vessel doing damage to the canal-boat. Some damage was also done meanwhile to the Carmelita Eocca by the Gunn, and some damage was also done to the German bark Paulina by the catehing of her yards by the Carmelita Eocca as she went adrift. �Out of this occurrance the three entitled suits arose. The first is brought by the owner of the canal-boat William Doran, to recover for the damage done to that boat by the striking of the Gunn upon her. The second is by the same libellants, to recover for the damage done to the William Doran by the ����