Page:Federal Reporter, 1st Series, Volume 4.djvu/355

 OBHANOTiaH t>. STBAM-TVO ;AUBBIOA. fMl �a>t the iîme of the accident^ is 22 feei. The draughi of^itbe Eebecca is 20 J feet. As obedient to her wheel as she is shown to be, she would respond yery tardily when withip a foot and a half of the bottom, and find some difficulty jn con- trolling her course. With the Dudman wildly tugging at her stem she would be helpless, very likely to ground, and be run into by her unwieldly companion. And this is pre- cisely what occurred. " �This is enough to show that the master of the tug did not exercise that degree of good judgment and forethought which a careful discharge of his duty, under the circumstances, demanded, and that to his dereliotion in this regard the loss complained of is ascribable. �Nor am I able to affirm the contention of the respondent that the Eebecca responsibly contributed to the collision by the order or request communicated by her pilot to the Dud- man, just before the vessels came in contact, to put the helm of the latter hard a-starboard. Under ail the circumstances, the effect of such a maneûTer ■«^as, at least> probleaiatieal^ — the opinion of the witnesses as to this decidedly differs, — but it is suffirent to say that, even if it was a mistake, no fault can be imputed to the Eebecca, because it was given at à moment of imminent peril, caused by the misconduct of the Dudman. �There ought, then, to be a decree in favor of the libellant; but for what sum ? The commissioner, to whom the ascer- tainment of the damages was referred by the district court, reported the sum expended for repairs to the Eebecca, and the damages resulting from the loss of her use, upon the basis of the demurrage stipulated for in her charter-party, and for these sums, with other proper allowances, the decree of the district court was made. �But it is contended that these claims were allowed upon insufficient or improper evidence. Payments were made to persons who rendered biUs for repairs made upon the Ee- becca, which were certified by the master, who superintended the work, by the agent of the libellant. This was primary proof of the expenditure, of its purpose and its necessity, and, ����