Page:Federal Reporter, 1st Series, Volume 6.djvu/206

 194 FEDERAL REPORTBB, �oea.s«d. At, ttat time, as I Qonceive the'law to be, the tug was uuder no obligation whatever in respect to the wreck. In White \. Crisp, 10 Ex. 312, it was held that in order to make OiiJithe jexistence of an oblightion on the part of a defendant to maintain a buoy upon a wreok, it is not enough to show that the f ault of the defendant caused the sinking, but it must also appear that at the time the damage arose the defendant was in possession and control of the wreck, and able to remove or.to buoy it. �lu; this oase, eometime prier to the damage in question^: ail connection between the tug and the canal-boat had been terminated, under circumstances justifying such action on the part, of the tug. Because her connection had been so ter- minated under sueh circumstances, I am of the opinion that at: the time of the damage to the Bolivar the tugwas under no obligation to prevent the canal-boat from being a cause of, damage to other vessels navigating the channel wherein she was Bunk, and consequently isnot liable for the injuries sus- tained by the Bolivar. It is said that if such be the rule an. inducement is held out to tugs to abandon their tows at the earliest moment, in ail cases of disaster, in order to escape further responsibility; but it is not seen that such a conse- quence will follow from a case like the present, where it is proved that the tug was justified in terminating her connec- tion with the canal-boat, because every reasonable effort had been made on her part to ; get the canal-boat to a place of safety before she sunk, and no requirement was made by the master of the canal-boat for any further effort in his behalf. The tug, having done ail that it was possible for her to do to aid the canal-boat in its distress, had the right to terminate her connection with the canal-boat, there being a master of the canal-boat there present; and, having so terminated her relation with the canal-boat under circumstances justifying such action, ail obligation in regard thereto ceased and was atanend. �The libel must theref ore be dismissed, and with costs. ��� �