Page:Federal Reporter, 1st Series, Volume 3.djvu/652

 WILLIAMS Ve BTKAU-IVa WM. COX. 645 �Williams v. The Steam-Tug Wm. Cox. �[District Court, 8. D. New Torh. July 24, 1880.) �1. Negligence— PiLOT op Tug— Mastbb of Boat in Tow^ — It is negli- gence in botli tiie pilot of a tug and themasterof an opeu loaded boat to attempt to tow such boat across the bay of lïew York in a gale of wind. Mason v. The Steam-tug William Mwtau^h, ante, 404, foUowed. �E. D. McCwrthy, for libellant. �F. A. Wilcox, for claimant. �Choate, D. J. This is a libel brought by the owner of tho barge Island Home to recover for the loss of the barge, her cargo, and pending freight while on a voyage from Port Johnson, N. J., to Morrisania, N. Y., by way of the bay of New York and the East river, on the twelfth day of February, 1879, in tow of the steam-tug Wm. Cox. The barge was about 95 feet long and 17 feet wide. Her deck was open for about 11 feet in width and 60 feet in length. This opening was without any covering, but had combings about it Bome 1 8 inches high. Her carrying capacity was about 230 tons, and she had a cargo of 210 tons of pea coal, unscreened, containing a great deal of dust. She was nearly on an even keel, but loaded slightly by the head, and, when she started, her deck was about two feet and eight inches out of water. The tug had two other beats in tow, which she took on her starboard side. The barge was lashed to her port side. They left Port Johnson at about eight o'clock in the morning, and the barge sunk in the East river, about off Wall street ferry, a little before 11 o'clock. When they left Port Johnson the wind was blowing about 25 miles an hour, and it increased somewhat as the day advanced. The direction of the wind was, as nearly as can be ascertained, west. The barge was in charge of the libellant, who had had a long expei-ience as a boatman in the naviga- tion of the waters about New York. The wind had been blowing hard ail the morning, and the danger signais had been displayed at the United States signal service station since 2 o'clock that morning. The tug left Hoboken about ����