Page:Federal Reporter, 1st Series, Volume 5.djvu/220

 208 FEDERA^ EEPOETER. �together very lightly, with f enders between ; that afterwards, and when those on the sloop had again refused to haul their vessel away, the tug endeavored to pull the stem of the brig by the stern of the sloop, those on the brig aiding this move- ment by pushing; that the injury was done in this attempt ; that one line, not a new one, between the sloop and the pier parted, and a cavil on the sloop was broken off; that no other damage was done. �It appears by the testimony of the ship carpenter, who repaired the sloop soon afterwards, that when he saw her the rail, stanchions, and timbers were injured in some such way as is described by the witnesses from the sloop, but it also appears that later on the same day, the eighth of September, she was in collision with another vessel. It is quite possible, upon the evidence, that the principal injuries in her stem were then sustained by her being driven against the pier. I am unable to credit the statement of her witnesses that the stern was lifted up by the blow as they describe. Not only are they contradicted on this point, but it is almost impossi- ble that such should have been the effect of the blow even if it was as violent as the witnesses testify to. The brig was much higher out of water. Both vessels had overhanging stems, so that the tendenoy would have been not to lift up but to crowd down the stern of the sloop. And the barder the blow the greater would this tendency be. Upon the whole evidence I am not satisfied that any damage was done by the tug's endeavor to pull the stern of the brig by the stern of the sloop, except the parting of one line and the breaking of the cavil. For this damage the tug is liable. She had no right to use force enough to injure the sloop, and was not justified in" doing so by the unreasonable refusai of the sloop to haul away. She could bave herself hauled the sloop out of the way first, or, as she did afterwards, have sent for a har- bor-master to compel her to move away. The libellants are entitled to a decree for the damage found as above, charge- able to the carelessness of those in charge of the tug, but without costs, because they were in the wrong in refusing to get out of the way when requested and thereby brought tha ����