Page:Federal Reporter, 1st Series, Volume 5.djvu/647

 BELL V. PieasoN. 635 �Sidney Chubh, for libellant. �Beebe, Wilcox e Hobbs, for defendant. �Benediot, D. J. This action is brought to recover the value of a quantity of chalk lost while being transported through the East river upon a vessel called Scow No. 1, owned by the defendant. The occupation of the defendant is that of a dock and bridge builder. In his business he had occasion to transport dirt and atones, and for that purpose he owned and used several scows — flats constructed solely to carry rough matter upon their decks, and moved by means of tugs. The defendant employed these seows for the most part in his own business, but he sometimes chartered a scow to other parties by the day or the month. He was not in the carrying trade, and was not in the habit of transporfcing any cargo except his own. His scows, when • employed by him, were used solely to transport his own articles in his own busi- ness; when chartered to others, any transporting done by means of them was done at the expense of the charterer. �In the present instance the libellant applied to the defend- ant to carry for him a quantity of chalk from along-side the ship Euby, in the North river, to Newtown creek, at so much per ton. The employment was accepted, and, in pursuance thereof, about 200 tons of chalk were thereaf ter laden on Scow No. 1 to be transported on the deck thereof through the East river to Newtown creek. The method of loading the chalk upon deck was in accordance with the understanding of the par- ties, and no fault is shown either in regard to the quantity of chalk taken on board the scow, or in regard to the method of stowing it. When loaded the scow was taken in tow by a tug belonging to the defendant, and proceeded on her way to Newtown creek. While passing up the river three large Sound steamers were met about off Grand street, coming down the stream nearly abreast. The tug, with the scow upon a hawser astern, was about in the middle of the river, going at half speed. As the steamers approached, the tug blew her whistle several times, and when they came nearer the pilot waved his bat to call their attention ; he also stopped his engine. One of the steamers passed the scow to port, and two on the ����