Page:Federal Reporter, 1st Series, Volume 4.djvu/171

 POPB ». SWIS8 LLOTD INS. CO. 157 �It appears from the mate's testimony that when the vessel had approached to withiu à couple of miles of the sbore, the master decided "to stand off shore again and to wait a little longer to see if the weather would allow of his anchoring in safety." This was at 6 a. m. The mate then went below and did not corne on deck again until 11 : 30 a. m., at the anchor- age, where the disaster occurred. �I do not understand that the skill and competency of the master are impeached. His experience as master engaged in the inter-island navigation is of 20 years. He is still in the employ, and appears to retain the confidence, of the owner. When, therefore, after deciding to stand ofF and wait nntil the weather should permit him to anchor in safety, he resolved to stand in and bring his vessel to anchor, it must be inferred that the state of the wind and weather were such as in his judgment to justify the attempt. The resuit showed either that he committed an inexcusable blunder in placing his vessel in a position where ground-tackle of the usual and proper strength would be wholly incapable of holding her, or else that she was unprovided with such tackle ; for it is to be noted that the vessel can scarcely be said to bave come to anchor at ail, for the chains and hawsers on both anchors parted almost instantly when the vessel surged upon them. . I think the proofs in the case leave no reasonable grounds for doubt as to which of the alternatives above stated must be adopted, and that the disaster must be attributed to the weakness and insufficiency of the ground-tackle of the vessel, and not to the stupid temerîty of the master in exposing hia vessel to a visible and obvions peril which he had no right to suppose her capable of encountering. �I have not thought it material to enter upon the inquiry whether the chains with which the vessel was provided were of sufficient size for a vessel of her tonnage engaged in the coasting trade from this port. The fact that it was thought necessary to re-enforce them by hawsers is, as before re- marked, an admission that they were not strong enough for the inter-island navigation on which she was about to enter. ����