Page:Federal Reporter, 1st Series, Volume 9.djvu/541

 536 FEDERAL REPORTER. �'witl) liens created by tlle general admiralty law, liiust be treated as composing a part of the second class of claims. (4) Claims for materials and labor in the building of the boat. (5) Mortgage claims. (6) Claims for boirowed money for those purposes to which no liens attach in admiralty. ���The Mechanic' �The Feee State.* �[District Court, E. V. Penneyhania. Ncvemljer 9, 1881.; �1. Admiralty— Tdg and Tow— Temporabt Absence op Tug— Modring of Tow �— EXTEAORDINABT StORM. �A tow of canal barges was lef t by the tugs having thera in charge in an appar- entlysafe harbor, moored to a wliarf and floating platform,.the tugs proceeding in search pf another tow whose arrivai was expected. During the absence of the tugs an extraordinary storm arose, and the barges were swept away. Their owners claimed that the loss was due to the absence of the tugs, and the de- tective condition of the platform to which the tow was moored. Ileld, that the temporary absence of the tugs, in pursuance of uniform custom, did not constitute negligence. Hdd, further, that the evidence failed to sustain the allegation that the loss was due to defects in the platform. �, Libel in personam by the owners of two canal barges against the piirnerB of two tugs, to recover damages for injuries to the barges al- leged to have been caused by the negligence of the tugs. The facts were as follows :, i ^ �Qn Octoljer 4, 1877, the barges Mechanic and Free State, loaded with coal, ,were, with other barges, taken in tow by the tugs Sherman and Sawtelle, b'elonging to respondents, at Fairmount dam, on the river Schuyikill, for a voyage to Bordentown, New Jersey. About 6 o'clock p. m. they reaelied a point on the Schuyikill below Gray's ferry bridge, and were there moored to a
 * wharf and floating platform of logs, leased by respondents, and used for moor-

ing boats. The platform coiisisted of logs running from the wharf up the river parallel with the bank, joined together by transverse boards, and fastened to the wharf and to trees on the bank. On the inner log were cleats used for -fastening boats by their hawsers. The tow, consisting of five tiers of four bai'ges each, and one tier of three barges, was made fast to this platform' by lines from the inside boats to these cleats. The two tugs left the tow af ter it had been moored and proceeded down the river to meet an expected incom- ing tow. Not meeting this tow, the tugs turned back, but before reachiug their own tow put in and moored at anpther landing. Puring theevening an extraordinary storm arose, accompanied by a freshet; the tow was .swept from its moorings, and the Mechanic and Free State sunk. About the time the barges. were set adrift the tugs came to their assistance, but were unable to save them, and were themselves driven asbore. Libellants' testlmony was �*Repoiteil by Frank P. Pricliaid, Esq, ol the PhiludelpUia bar. ��� �