Page:Federal Reporter, 1st Series, Volume 6.djvu/413

 THK BEHEBA. 401 �tbat he failed to do this, and that in consequence of this neglect, and of the lines of the Behera being Black, she swung into and crushed the barge. �The respondents alleged that the Behera entered the dock at high water, and had then to be forced in on the mud; that, owing to the bank at the side of the dock, it was impos- sible to moor her close to the wharf, but that her bow pro- jected into the dock at an angle ; that she was at ail times aground, and with each fall of the tide listed over towards the Curtis; that when the barge entered the dock, her cap- tain was warned by the mate of the Behera that she would be jammed; that the lines of the Behera were tant, and that the accident could not have been avoided by any care on the part of respondents. �There was evidence that the dock had a short time before the accident been cleaned out to a depth of from 21 to 24 feet at high tide, but that a city sewer emptied into it close to where the Behera was lying. �Edward F. Pugh and Henry Flanders, for libellant. �Henry G. Ward, for respondents. �BuTLEB, D. J. That the libellant was guilty of impru- dence in taking his barge into the dock, betweon the two large steam-ships lying there, seems more than probable. He had been present, awaiting opportunity to enter, for nearly tvventy-four hours, and had seen the situation of the ships at low water — lying close together, their bows almost touching. Ile knew, as his witness, the stevedore, testifies, that he could only get in at high water, and that as the tide ran out the Behera would "list," and press over towards the Gurtis. When he eutered, (at high water,) the space between the ships was insufficient to admit him, without forcing a Way between them. The testimony of the stevedore, as well as his own, shows that he knew he could only remain while the water Was up; and that he was doubtful of the safety of being there at ail. In addition to this, the weight of the evidence, in my judgment, justifies a belief that he was warned from the Behera, before entering, that it would be unsafe to do so. I attach no importance to the circumstance �v.6,no.4— 26 ��� �