Page:Federal Reporter, 1st Series, Volume 9.djvu/632

 THE JAMES JACKSON. 617 �lessness or negligence. Accidents will happen among the most c areful. I have had my works blown up five times and I was there myself." This brings us to the consideration of the question whether the loss of this oil and barge was the resuit of negligence or carelessness on the part of those connected with the boat. In the first place, the proof clearly shows that the barge was a new and substantial one, properly fitted and prepared for the holding and transporting of a cargo of oil in bulk, and there is no testimony that shows that the accident occurred either directly or remotely from any fault whieh existed in the barge at the time the boat received her in tow. As to how the accident occurred l'think there eau be little doubt. It is shown by the evidence that a leak was discovered in the ba,rge; that quite a stream of oil was pouring ont upon the water or ice, and by the testimony of two men (Tucker and Parrish) that Tucker thoughtlessly threw ont a shovel of fire ashes, which caught the oil upon the water, and the oil on the water took fire and ran to the barge, which blew up ; and it would seem, from the testimony of Snider, that this was talked of among a portion of the crew as the cause of the loss after it had occurred. The character of these witnesses is not directly im- peached. I know that there is a large amount of evidence from experts and scientific men to show the improbability of a shovel of fire ashes thrownupon the oil producing such a resuit, and yet theyshow that if flame were placed in contact with the oil upon water it might ignite. Who knows what flame may have been connected with these ashes and coals ? No one. And the man who threw them upon the on shows positively that the oil did take fire from them, and that this produced the loss. Was the act which produced this such want of care as to make the steam-boat liable ? It is not clear what pro- duced the leakage of the oil, — ^whether from a want of proper care the barge gronnded, in the ordinary sense of the term, or whether it had grounded upon a cake of ice ; from the weight of evidence it would seem that from one of these causes the leak was produced, and that ordi- nary care and watchfulness might have prevented it. But if this were not so, the leak, in fact, existed; the oil had run out in considerable quantities, and would have found its way to the boat. Those in charge of the boat knew of the leak, and, under such circumstances, without any examination to see if the surface of the water was not covered with the oil from the barge to the boat, a shovel of fire ashes is thrown upon the water, which ignited the oil and blew up the boat. As I view it, this was the want of such care as would make the ��� �