Page:Federal Reporter, 1st Series, Volume 6.djvu/204

 192 FEDEjElAIi BSFOBTEB. �aad like articles otherwise than by hand a practical art, and the re-issued patent No. 7,985 is valid. �There must be a decree for the plaintiff, for an account of profits and an ascertainment of damages, with costs. ���WoBTH V. Stbam-Tug Wm. Mtjbtagh. �(District Court, E. D. New York. February 14, 1881.) �L Tow— Webcked Canal-Boat— Subsequent Liabimtt of Tua. �Where a canal-boat in tow of a tug sunk in a channel-way, and was abandoned by the tug, and two days after another vessel ran on the sunken wreck, which was not buoyed, and sustained damage, for which she brought suit against the tug, hdd, that the tug was not liable for such damage, it appearing that the canal-boat had her mas- ter on board and in charge at the time of sinking ; that the tug did ail she could to save her, and was justifled in leaving her wben she did. �In Admiralty. �F. A. Wilcox, for libellant. �E.D. McCarthy, ioi claimani. �Benbdiot, D. J. This is 9, proceeding in rem to enforce a lien against the tug William Murtagh for the amount of the damage caused to the sloop Bolivar for running upon a sunken canal-boat named the Anna Maria, which at the time lay under water near the mouth of Gowanus creek, in the harbor of New York. The evidence shows that the Anna Maria, on the sixth day of April, had been taken in tow by the William Murtagh to be towed from Elizabethport to New York with several other boats. While prosecuting that voyage this boat was found to be sinking. Effort was at once made by the tug to get her into a place of safety, but before she could be got upon the flats she sunk in the channel-way. After the Anna Maria had gone to the bottom the tug proceeded on her voyage with the other boats. On the eighth day of April the sloop Bolivar, while navigating the channel in question, ignorant of the presence of the canal-boat in the channel, — ��� �