Page:Federal Reporter, 1st Series, Volume 6.djvu/325

 THE AETUEO. 313 �the two classes of cases so close that the tow may sue in one proceeding for damage her own tug and a strange vassal with which there bas been a collision. �If a ship in command of a pilot whom it was compelled to take, injures another ship through fault of the pilot, the ship is liable unless exonerated by statute. If charterers are own- ers for the voyage, and appoint the master and crew, the ship is stUl liable. If she -were navigated by pirates, who had ran away with her, she would, in my opinion, be responsible to the injured ship. If she is in tow, her liability does undoubt- edly depend upon whether her master or the master of the tug commanda the two vessels, if the negligence is that of the commander. This is a relaxation of tha old doctrine of the liability of the vessel. But, even then, the ownership of the tug or tow is immaterial. I cannot doubt that the rule is the same as to two tugs, or any number. If the tow does not command, the tugs do, and they arrange between themselves how the navigation shaU be conducted. The rights of third persons do not depend upon their ownership or command. I have taken for granted that there might be a still further relaxation as to any fault distinctly committed by one of them only. �If the case depends upon eontract, I thint the owners of eaeh tug pledged her that no fault should be committed by her; if, upon general doctrines of admiralty law, which are, to Bome extent, independent of eontract, the vessel actually in fault, through negligence in her mode of navigation, though the negligence is that of a temporary master adopted by usage, is liable. �There is no question that the navigation was so negligently conducted that, in broad daylight, with obvious conditions of wind and tide, the ship was landed upon a well-known shoal. There is none that Captain Chase should have taken a line to the wharf, or have provided, in some other of the modes suggested by the experts, for counteracting the effect of the wind and tide; nor that Oaptain Scollay's tug, without any fault of his, or his crew, aided to run the ship aground. �In this state of facts, both tugs are liable for the damage. ��� �