Page:Federal Reporter, 1st Series, Volume 3.djvu/550

 UAliSïBB r. HtJMPHBBn. 6e3 �The successful launcbing of a ship is an event of general in- terest and pleasure. The skilful ship-builder is among the most praiseworthy of citizens, directly contributing to national and local prosperity, importance, and supremacy; but none the less is he bound by the same rules of care and precaution which the general interests of society has found it necessary to enforoe upon every one of its members. �Coming to conclusionB indicated by this review of the facts of this case, I am obliged to pronounce in favor of the libel- lants, and shaU sign a decree sending the cause to a master to take au account of the damage sustained by them. ���The case having been carried to the circuit court on appeal, Bond, G. J., afifirmed the decree and filed (July 16, 1880,) the foUowing opinion : �Bond, C. J. This cause having been argued by counsel, and Bubmitted upon an agreed statement of the evidence taken in the court below, and upon the facts stated in the opinion of the district court, the court finds the facts to be, that on the afternoon of the first day of July, 1879, the respond- ents were about to launch the huU of the propeller Arbutus, in the harbor of Baltimore ; that notice of the intended launch had been given in the newspapers by the local reporters, by which the public were informed that the Arbutus, a propeller of 150 tons burden, -would be launched from the ship-yard of the respondents at e o'clock upon the afternoon of that day. A fiag was put up to show the location of the ship-yard, and to indicate what -was about to be doiïe, and notice was given to ail vessels anchored in dangerous proximity to seek safer anehorage. A steam-tug was at the ship-yard for the purpose of towing the Arbutus back after her headway was gone. �The launch did not take placer until 6 o'clock. At that time the schooner Eidie, of which the libellants were the owners, was beating out of the harbor, and just as she crossed the line of the launch went into stays. ����