Page:Federal Reporter, 1st Series, Volume 3.djvu/547

 SeO fedebàl bepoktëb. �Malster acted as most sMp-builders would have acted under the same circumstances. �There were many experienced men engaged in that re- sponsible business produced as witnesses to testify as to the usual precautions at launches, and the tendency of their several experiences and methods was to show that the launch- ing of a ship of any considerable size was ah eYcnt which usually excited considerable interest in the neighborhood of the ship-yard, and about the harbor; that there was usually a considerable crowd of persons on the neighboring shores and wharves, and out on the water in boatSj watching for it; that it usually became known by general report and local iteras in the newspapers, and that the only special notice to the public that the ship-builder gave was to set up a flag on the huU during the day, and to see that vessels lying at anchor in the course of the launch were removed ; that vessela which might be passing at the time of the launch got notice and warning from the speotators who were waiting on the wharves or out in boats, and that any collision with a passing vessel was almost unheard of; that the moment of launching was a time of great anxiety and responsibility to the ship- builder and ail in bis employment, and usually absorbed alj their attention, and that they never knew of boats being stationed off in the water to give notice to passing vessels, or of any notice other than that mentioned ; that hawsers and anchors, when used, were rather for the purpose of preventing the hull from drifting too far away, and of furnishing the means of bringing her back to the shore, than of preventing her running into passing vessels. �It would not appear, therefore, that Mr. Malster set about the launching of this vessel with, for a ship-builder, any unusual inattention to the risk to passing vessels; but the court is not satisfied that he took such precautions as the law should require a man to take before he does an act so fraught with danger to others as to launch a vessel several hundred yards out into a frequented harbor where ehips have a right to be sailing. There was, in reality, no ����