Page:Federal Reporter, 1st Series, Volume 4.djvu/851

 Ii'nALLT V. STEAM-ÎUO L. P. DAYTON. 837 �being found from the libel and the answer-of sàid claimant, no testimony being put in on the part of eiiher of said par- ties. �On the evening of the fourteenth of February, 1879, the steam-tug James Bowen took in tow in the East river the scow Number Four, the scow being lashed ta the port side of the Bowen. The Bowen and the scow were bound to the Long dock, Jersey City. The tide wàs ebb. The Bowen and the scow proceeded dow» the East river to the Battery, and rounded the Battery. Àt a point about opposite pier 1, North river, and about 300 yards distant from the New York shore, the bow of the boat Centennial, which was Ijeing towed by the steam-tug L. P. Dayton on the starboard side of the Dayton, and was going down the North river, came into collision with the bow of the said scow Number Foiir, and the effeet was that the Centennial sank. �On the foregoing facts I find, as a conclusion of law, that, as the libel alleges that the Bowen was negligent and in fanlt in variôus particulars specified in the libel, and as the answer of the claimant of the Bowen denies each and every allegation in the libel charging or imputing any f ault or neg- ligence to the scow or the Bowen, or those in charge thereof, and as no facts are proved in the case as against the Bowen, exeept the foregoing facts admitted by said answer, and the libellant has proved no negligence or fault on the part of the Bowen, the libel must be dismissed as to the Bowen, with costs to her in this court, and with $23.95 costs to her in the district court against the libellant. �In this case I find the following facts as between the libel- ant and the claimant of the scow Number Four, such facts being found from the libel and the answer of said claimant, no testimony being put in on the part of either of said par- ties: �On the evening of the fourteenth of February, 1879, the steam-tug James Bowen took in tow, in the East river, the scow Number Four, the scow being lashed to the port side of the Bowen. The Bowen and the scow were bound to the ����