Page:Federal Reporter, 1st Series, Volume 9.djvu/333

 318 FEDERAL REPORTER. �Aebo V. Beown and others.* �[Oireuit Court, E. D. Loumana. 1881.) �1. Inevitablb Accident— Damages. �Damages resulting from an inevitable accident must be borne by the party on whom they fall. Hence, where a steamer that was safely moored for all ordinary emergencies broke loose in a storm and inliicted damage on other shipping, her owners cannot be compelled to make good the losa. �In Admiralty. �R. K. Cutler, for libellant. �E. H. Farrar, for defendants. �Paedeb, C. J. The evidence shows that September 1, 1879, libel- lant was the owner of a barge loaded with wood, moored in the harbor of New Orleans, at the foot of Delaohaise street, near the Louisiana ice Works. �On the same day the Governor Allen, a dismantled steam-boat, being without engines, chimneys, etc., but with her boilers taken down and piled amidship, was, and had been for some time, moored on the opposite side of the river, and nearly abreast the wood-boat of libellant. The Allen was lying head up stream, and she had ont some eight Unes, fastened to check-posts and dead-men. Some of these lines had been in use some time and some of them were doubled, but the bow or head-line was new, and the stern-line nearly new. According to the weight of evidence, (and upon this there is only one objecting witness,) the Allen was, apparently, securely and safely moored, with a watchman aboard. On this flrst day of September a storm, prevailing from the day before, rose into a hurricane about 11 o'clock in the morning, blowing at the rate of 40 miles an hour, and continuing until about 11 o'clock at night. About 2 o'clock of the afternoon, and during this storm, the Allen broke away from her moorings, the stern and breast-lines giving way flrst, some parting and others pulling up dead-men, and pulling up and breaking ofi check-posts, letting the stem of the Allen blow ont stream, when the check-post to which the head-line was tied also pulled up, and the storm carried the Allen directly over the river to the libellant's wood-boat. The Allen went over the river sideways and struck the wood-boat sideways, or broadside, driving her guard up and over the wood-boat. She struck the wood-boat with great force, and, it is probable, broke in and injured her side towards the stern. As the Allen's guard was forced over and on top of the wood-boat, the Allen was listed or careened to the other side. Lines were at once got out, and the Allen was tied, with head, stern, and breast-lines, in a place where a tug-boat could not have pulled her out while the storm pre- vailed. The listing of the Allen to windward exposed her seams above the water-line, which were open from long exposure to the force of the waves and water, and the Allen began to fill. As she fllled she listed more, and then the boilers, piled on deck, rolled down to the guard, and it is probable it was then too late to right the boat, even if she could have been got off. Soon after the �♦Reported by Josepli P. Horuer, Eaq., of the New Oi-leaus bar. ��� �