Page:Federal Reporter, 1st Series, Volume 8.djvu/355

 THE FRANK G. POWLEK. . 341 �short a Supply of coal that in case of accident or stress of weathershe could not lie over under steam, in a place of shelter, in the course of her voyage, for the space of something more than 10 or 12 hours ; and that to this negligence was due the abandonment of the boat, and the damage which followed ; and the tug, being -wholly in fault, is liable therefor. �Where the testimony showed that bef ore the tug changed her course f c Duck island, and at a point where she could have made Saybrook harbbr, the sea became so rough that she could not safely continue her voyage, — �HM, that the subsequent disaster and damage were attributable to the tug's failure to take shelter in Saybrook harbor, which she ougAt, under the circum- stances to have done ; and that ou this ground also the libellants are entitled to a decree. �In Admiralty. �Cappenter dt Mosher, for libellants. �Beehe, Wilcox e Hobbs, for claimants. �Choate, D. J. This is a suit brought by the owners of the canal-boat Lockport to recover damages alleged to have been sustained by the canal-boat and her cargo through the negligence of those having charge of the steam-tug. The steam-tug was engaged to tow the canal-boat from New London to New York. Tbey left New London about 7J or 8 A. M. on the fourth day of Nevember, 1880. The canal-boat had on board 210 tons of pea coal and coal-dust. Her carrying capaeity was about 325 tons. She was loaded by the stern, drawing about five feet forward' and seven and a half feet aft. When they left New London the canal-boat was along-side. When they got out of the river she was dropped astem upon a hawser. When they left the weather was fair, with the wind from east to north-east, blowing moderately, They went to the south of Bartlett's reef, and thence by the channel to the south of Long Sand shoal. Before they reached the west end of Long Sand shoal, the wind and sea had risen so that the canal-boat became unmanageable, yawing so much that she pulled the tug around into the trough of the sea. The wind was then about east, and the tide was eetting also to the westward. One of the questions in the case is at what part of the passage the wind and sea thus rose ; but there is no controversy that this was the state of the case when they reached the west end of Long Sand shoal. From that point the pilot of the tug thought it necessary to seek a place of shelter, and he changed his course to go under the west side of Duck island, which affords a lee, with an east wind, and which was the nearest place of shelter from the vicinity of the west end of Long Sand shoal. They reached the west side of Duck island about 2 o'clock in the afternoon. Be- fore reaching Duck island, but whether before or after they changed ��� �