Page:Federal Reporter, 1st Series, Volume 6.djvu/645

 THE SCHOONER NIANTIC. 633 �A. S. Cushman, for libellants. �Wooster e Torrance, for defendant. �Shipman, D. J. On the third day of September, 1880, the Bcbooner Niantic, whareof the plaintiflfs are owners,left South Amboy in good and sound condition, with a load of coal, to be delivered to consignees at the dock of the Ousatonic Wa- ter Company, at the port "opposite Derby," which is the man- ufacturing village of Shelton, in the town of Huntington. The Ousatonic Water Company own two wharves on the Housatonic river, a short distance apart, one called the up- per wharf and the other called the lower wharf. The land Bouth of and adjoiuing the lower wharf is owned by one Nel- son Hinman, is unwharved out, and is the natural sloping river bank. �The Niantic and her captain, Lyman E. Beebe, had there- tofore made frequent trips to Shelton, and had lain safely at the lower wharf. The last previens trip was made in May, 1880. The tide ebbs and flows in the Housatonic river. At high tide there is enough water; at low tide, vessels of seven feet draught lying at the wharf always ground. Previous to September, 1880, the Niantic, lying in front of the wharf, had always grounded, but the bottom was level, and she had always lain safely. Between May, 1880, and September, 1880, the defendant, in order to make a deepef berth in front of the lower wharf, dredged out the bottom, but did not dredge but a few feet, if any, below the south line of the wharf, and in front of the said land of said Hinman. There is no evidence that the berth in front of the wharf was not sufficiently level for vessels to lie there in safety. �The Niantic reached Shelton about 3 o'clock in the after- noon of September 6th, at high water. The tide had begun to ebb. The next high tide was about 4 o'clock a. m. A schooner called the Florence was occupying the front of the lower wharf, and was discharging her cargo. The captain of the Niantic reported to bis consignees, and was told that the Florence would probably be through by noon of the next day. He moored his vessel below the Florence, his bowsprit extend- ing over the stem of the Florence, and the stem of the Nian- ��� �