Page:Federal Reporter, 1st Series, Volume 5.djvu/219

Rh of about 60 feet between them. While they were in this position the tug came into the slip to tow the brig out into the rver [sic]. The tide was about half flood. The brig drew about 14 feet of water, and there was not sufficient depth of water to haul her out, except along the dock where the sloop was lying. Those in charge of the tug and of the brig requested those in charge of the sloop to haul the sloop out by the end of the pier, so that they could get the brig out. This, those in charge of the sloop refused to do, with abusive language. The master of the tug then tried to haul the brig out around the sloop over the mud, which is there deep and soft, but he found it impossible to do so. She careened and slipped back. The deepwater there is confined to a narrow channel along the dock, about the width of a vessel. In thus trying to get the brig out, her stern came in contact with the stern of the sloop.

The libel avers that the tug "carelessly and recklessly pulled the stern of the brig against the stern of the sloop with such force and violence he tore a cavil off the sloop and started the timbers to which the cavil was fastened, and forced and lifted the stern of the sloop off from her timbers and parted three lines, one of which was new, and did other extensive damage and injuries to the sloop, and carried her from her berth towards the river."

The libel also alleges that the cost of repairing the sloop will be about $250, and claims eight days' demurrage, at the rate of $20 a day. There is a great deal of conflict in the evidence as to the force with which the vessels came together, and the amount and nature of the injury done to the stern of the sloop while they were together. Witnesses on the part of the sloop do indeed testify that when they came together the taffrail was broken, timbers and stanchions shattered, and the stern lifted up eighteen inches or two feet, and the lines parted. Witnesses quite as credible, certainly, on the part of the brig, having equal opportunities to observe the effect of the blow, deny that any damage whatever was done, or any rail or timbers broken, or the stern lifted up, or any line parted at that time. Their account is that the sterns came