When a vessel is being towed along-side between Astoria and Portland by a river steam-boat with a licensed pilot on board, responsible for the navigation of both tug and tow, which, for the time being, are practically one, a more useless burden could not be imposed on commerce than to require the former to take a pilot or pay half pilotage for t,he offer and refusal of one. The exception is allowed and the libel is dismissed.
(Di8triet Court, D. Oregon.
February 28, 1882.)
DEADY, D. J. This is a suit in rem to recover $29 as half pilotage, for a tender and refusal of pilot service between Astoria and Portland, under circumstances similar to those of the foregoing case. The same defence was made in this case as in that, and they were argued and submitted together. The exception is sustained and the libel dismissed.
(District OQurt, E. D. Wisconsz'n.
October Term, ISS1.)
CoLLISION-FAULT FROM WANT OF DUE VIGILANCE AND CAUTION.
A schooner on reaching a point in the river dropped her anchor to await the arrival of a tug. She was probably about 300 or 350 feet from the shore at the time, the channel at that point being about one-quarter of a mile wide. While in this position, with her anchor light displayed, a tug, with an extensive raft of logs in tow, approacheu her from the north. At about the same time a propeller entered the river under checked speed, approaching the tug, which had all its signal lights burning. The raft, in tow caught the anchor chain of the schooner and dragged her down the river towards the propeller, when a collision ensued between the propeller and the schooner, occasioned by the maneuve][; of the propeller. Held, that there was devolved upon the propeller the duty of exercising a degree of caution and vigilance commensurate to the occasion, and that under the circumstances of this case such caution was not exercised.
In Admiralty. Suit in rem. George C. Markham, for libellant. Cottrill et Cary, for claimant. DYER, D. J. This is a suit in rem prosecuted by the libellant, as of the schooner J. O. Thayer, to recover damages for injuries ,esulting from a collision with the propeller Scotia. The collision occurred in the Detroit river, off Bois Blapc island, at about 11 o'clock in the evening of October 25, 1875. The facts, which may be said to be established by the testimony, are as follows:
The Thayer was making a trip from Buffalo to Racine, Wisconsin, and on reaching a point in Detroit river, near to or just above the head of Bois Blanc island. in the evening of the day named, dropped her anchor and awaited the arrival of a tug by which she might be towed to Lake Huron. There is some Liispute as to the distance from her place of anchorage to the island; but the weight of the eviLience is that she was not lying in mid-channel, but was quite close to the island shore, probably from 300 to 350 feet from that shore. 'fhe testimony shows that the chftnnel at that point is about one-quarter of a mile wide. There was a vessel lying at anchor above the Thayer, and another small vessel lying about 60 feet astern, and somewhat nearer the island shore than the point where the Thayer was at anchor. While the Thayer was in this situation, with her anchor-light displayed, a tug with an extensive raft of logs in tow approached her from the north. At about the same time the propeller Scotia, on a voyage from Buffalo to Chicago, entered the mouth of the riYer, and proceeded, under checked speed, on her course up the river. The night was dark and misty, and there was a stiff wind blowing from the southeast. The tug with the raft in tow, carried, in addition to red and green lights. two bright lights placed one above the other, indicating that she had a tow. There were lights, also, on the raft. As the tug approached the channel he-