Page:Federal Reporter, 1st Series, Volume 9.djvu/435

 4:20 FEDEBAIj RBPOfiTEB. �or any similar boat being in any analogous situation in the open sea, it may, perhaps, be inferred that vessels of this class have been unusually carefully kept out of the reach of such casualties. The nearest analogy to the situation of the Plymouth Eoek proved at the trial was the case of the Narragansett, a steamer of about the same tonnage and value and free-board exposure, but whose boilers were in her hold, which anchored in the sound in a enow storm near the shore opposite the Connectiout river, in a similiir wind, but I judge a mueh less heavy sea, in 14 feet of water, with one anchor of 2,080 pounds and 45 fathoms of ohain. �While the testimony on these points does not lead to any certain resuit, the explanation of the accident itself, as given by the engineer of the Plymouth Eoek, illustrates conclusively her unfitness in struc- ture for the situation she was in. In his opinion the accident was caused by the sea rolling under her as she listed to starboard, and lifting her guards and the boiler resting upon them, and thus causing the fracture of the rigid steam-pipe Connecting the boiler with the engine. Still further lifting of her guard might cause her to fill and sink. This was the danger Mr. Haswell had already pointed out. The claimant's witnesses had put her guard amidships at nine feet above water; but, as her hold was but twelve feet deep, this would leave but three feet of her hold below water, while her draught was nine feet. On the argument it was conceded, therefore, that the height of the guard had been given incorrectly. It should probably be reduced one-half. Mr. Haswell considered that her "situation," assuming that the sea was sufQcient for her to take water under her guard, was perilous, if obliged to remain there for some time, not for a few minutes or half an hour, and he considered her anchors and chains insuffieient. �I am satisfied that the witnesses from the Germania hate greatly exaggerated the nearness of the Plymouth Eoek to the shore. Several of them stated that she was not more than twice her length from the breakers when they reached her, and within one lengA when they got her headed off. The shore is there rather bold, and the break- ers, according to Capt. Curtis, are only some 50 feet from the beach. But if, as appears from their testimony, the Plymouth Eoek drifted but once her length during the 10 or 15 minutes which the Germania occupied in getting hold and heading her off, she would have drifted no more during the same time previens, which, according to the tes- timony, it took for the Germania to reach her after the accident. ��� �