Page:Federal Reporter, 1st Series, Volume 6.djvu/412

 400 fbdebal befobteb. �The Bbhera.* �fUislriet Gowrt, E. D. Pennaylvania. March 11, 1881.) �1. Admibaltt— CRtrsHraa oi" Babob m Dock bbtwkbis two Stbam- 8HIPS— LiBTiNO OF Btkam-Ship Agbound with Fail of Tide — �BUEDBN, OF PliOOF. �A barge was forced into a dock at high water between two steam- sMps. Upon the fall of the tide one of the steam-ships listed over towards the other, and the barge was crushed between them. The testimony showed that the movement nf the steam-ship was caused by the fact that she was aground, and consequently, upon the fall of the tide, listed over towards the other, and that this could not have been prevented by any care on the part of those in charge of her. Held, that it was probable from the testimony that the barge was guilty of imprudence in entering the dock, but that, admitting the propriety of her doing so, she could not recover, since the evidence failed to show that the accident could have been prevented by those in cUr.rge of the steam-ship. �Libel by James Ward against the steam-ship Behera to recover damages for injuries to libellant's barge. The facts were as follows: The iron steam-ship Behera, 248 feet long and 34 feet 8 inches beam, having on board 1,750 tons of old rails, and drawing 22 feet aft and 20 feet forward, went into the dock at pier 89, Delaware river, Philadelphia, on JuneT, 1880. On the opposite side of the dock, which was 85 feet -wide, the Matthew Curtis, an iron steam-ship, 290 feet long, 83 to 35 feet beam, was lying, empty. On the same day libellant's barge arrived off pier 39 with coal for the Curtis. At 1 o'cloek on the next day, at high water, the barge was pushed in between the steam-ships, and commenced unload- ing its cargo into the Curtis. ihere was so little space in the dock that it was with some difQculty that the barge was forced in. When the tide fell the barge became jammed between the two steam-ships and was crushed. Libellant alleged that when the barge was pushed into the space between the steam-ships the Behera was afloat and yielded to the pressure; that her mate offered a line to the barge, and promised to breast the steam-ship nearer to the wharf; �*Eeported by Frank P. Prlchard, Esq., of the Philadelphia bar. ��� �