Page:Federal Reporter, 1st Series, Volume 6.djvu/322

 310 FECEBAL BEFOBXEB. �Went, at Mr. Sargent's request, to assist the J. C. Cottingham, whioh had already gone over to Grand Junction wharf. �When the Nabby C. arrived at the pier 5, she made fast, as directed by Captain Chase, who took command of ail three vessels, and gave orders to back the tugs. The cap- tain of the Nabby C. obeyed ail the orders of Gaptain Chase. �There was evidence of a usage in the port of Boston that the tug first spoken to "had the job;" that is, the right to con- duct the navigation. And one witnesa testified that if the owuers of the tugs were different, those who received the order, or the first order, sent in the whole bill. He added, that if it came to a lawsuit, he understood that each stood on its own bottom. The master of the Arturo had given a writ- ten order, but it was written in Italian, and the witnesses could not give its contents ; they understood it to be a gen- erai order for towage, not specifying the number of tugs or their names. �C. T. Russell and C. T. Russell, Jr., for libellants. �Tugs are bound to care and diligence, and to know the currents and shoals of the harbor in which they ply, and their own ability to do the work. The Margaret, 94 U. S. 494; The Express, 3 Cliff. 462 ; The Trojan, 8 Ben. 498 ; The Niagara, 6 Ben. 469. The burden of proof is on them to show that there was no negligence. The Webh, 14 Wall. 406 ; The Bel- knap, 2 Low. 281; The Clover, 1 Low. 342; The Workman, Id. 504. See, on both points, The Lady Pike, 21 Wall. 1 ; The New Philadelphie!, 1 Black, 62; The Zouave, 1 Brown, Adm. 110; Trans. Line v. Hope, 95 U. S. 297; Smith v. St. Lawrence Co. h. E. 5 P. C. 313; The Armstrong, 1 Brown, Adm. 130; The Austen, 3 Ben. 11; The Morton, 1 Brown Adm. 137; The Mohler, 21 Wall. 230; The James A. Wright, 3 Ben. 248; The U. S. Qrant, 7 Ben. 337; Hays v. Paul, 51 Pa. St. 134. �The Nabby C. was employed by the bark, and was not the mere servant of the J.C. Cottingham. Eecovery can be had in admiralty againat an offending thing, without regard to ownership or agency, The Ticonderoga, Swabey, 215 ; The Buhy Queen, Lush. 266; The May Qiieen, 1 Sprague, 588; ��� �