damages." Where the sum named is intelligently and unequivocally stated to be the ascertained or liquidated damages for breach of a contract, and the language is not qualified or rendered doubtful by other expressions contained in the paper,-and especially where the actual extent of damage is difficult of ascertainment, and the sum named is not very greatly in excess of the probable injury, the amount will be treated as "liquidated damages." Such are the circumstances here; and the 50 guineas, in addition to the two undisputed sums before referred to, must be deducted from the freight. For the balance thus ascertained, less respondents' costs since filing his answer, the libellant will receive a decree, with costs to the date of filing answer. The respondents having tendered payment of the amount now found to be due, with costs at the time of making answer, should not only not be charged with costs since that time, but should be reimbursed what they have necessarily expended in making defence.
(Oi'rcuit Co'url, E. lJ. Louisiana.
Iu a case of collision, a steam-hoat iq clearly in fault in not h:wing a licensed pilot at the wheel, and a proper officer in charge, on watch, ant! in. not Leing in her place in the river.
Admiralty .Appeal. Charles B. Singleton and Richard H. Browne, for libellants. J. Ad. Rozier, for claimants. PARDEE, C. J. Tbis cause came on to be heard on the transcript of the record from the district court of the United States for this district, and was argued by counsel; on consideration, whereof the court, being fully advised in the premises, finds the following conclusions of fact: 1. The steam-boat Bill Henderson, of about 93 tons burden, of which libellants, W. J. Cooley, Lyman 1. Taylor, L. W. Bowen, and George lJ. Short were owners, and said W. J. Cooley, master, departed on or about February 17, 1876, from the Tensas river, bound on a voya,ge to the port of New Orleans, with a cargo of cotton seed and seed cotton. The said Henderson was built in the year 1861, and,
>ll'Reported by Joseph P. Hornor, Esq., of the New Orleans bar.
THE JOHN F. TOLLE.
with her machinery and furniture, cargo, personal effects, etc., was worth about the sum of $5,038. 2. That the said Henderson was manned with one captain, 'n,lso licensed to act as pilot. and one engineer, one acting unlicens:d pilot, and sufficiency of other officers and men. That Cuney, acting pilot of the Henderson, was not licensed, his former license having expired some eight months previously and not renewed. That the said Henderson proceeded on her voyage without acci. dent until about 3 A. M. of the eighteenth day of February, when, in the vicinity of Port Hickey, in the Mississippi river, about two miles below Port Hudson, she collided with the steam-boat John F. Tolle, from the effects of which the Henderson soon after sunk and became a total loss. 4. That opposite Port Hickey there is a point of considerable sharpness, the river there making a turn of nearly a right angle, and below a bar and eddy on the same side, of nearly three-quarters of'a mile in length, extending out in the river about 400 feet; the river at that place being about one mile wide. 5. That the Henderson rounded the said point, andwhile under the same she was signaled by the John F. Tolle with two sounds Of the steam-whistle, which were promptly answered by the Henderson. At this time the John F. Tolle was ascending the river on the west side, about three-fourths of a mile below the said point, but was further out in the river than the Henderson. 6. That the said signals so given and answered indicated that the said boats were to pass each other by the larboard, and were proper signals under the rules of navigations as the boats then stood. 7. ['hat, following the said signals, each boat kept straight ahead until the pilot of the Tolle. seeing the near approach of the Henderson, stopped his engines and commenced backing his boat. The lIenderson kept her course descending the river, approaching the Tolle, still nearer to the western bank than the Tolle, until, when within about 75 yards, she turned her head towards the middle of the river to pass, as she should,. on the outside, but too late; her own headway and the current swept her against the Tolle, broadside, breaking her hull, filling her with water, and sinking her as far as her cargo would permit. 8. That at the time of the collision the Henderson had no licensed and qualified officer on watch, nor any licensed and qualified pilot on watch, and she was about 100 yards from the west bank of the river, and had followed near that bank after turning the point, and aftel'
passing signals had been given by the Tolle and answered by the Henderson. 9. That the John l!\ Tolle, prior to and at the time of the collision, was properly officered and manned, having a licensed officer on deck in charge, a licensed pilot at the wheel, and watches duly set on the lookout, and her lights properly set and screened. 10. That the course of the Tolle, after passing tIle chute .onthe right of Prophet's island, was across the river to the west bank"and along that bank within a distance of 100 to 200 yards from, shore, and so continued up to the collision. 11. That before the collision, when the boats were approaching and near to each other, the engines of both boats were stopped, and the engines of the Tolle were set to backing, but neither boat had lost heading when the collision occurred. And, as conclusions of law, the court finds: . 1. The Henderson was clearly in fault in not having a licensed pilot at the wheel and a proper officer in charge on watch, and in not being in her proper place in the river. John F. Tolle was not in as she was properly oBi2. cered and piloted, and was in her proper place in the river as the ascending boat, and according to the signals given and answered. . 8. The libel should be dismissed, with costs.
THE FANNIE TUTHILL.
(District Oourt, N. D. Ohio, E. D. 1882.)
TuG-DuTY OF-VONTROL OF NAVIGATION.
In the towing of vessels without motive power the tug is to be regarded as the dominant mind or will of the adventure, and the details of immediate navigation, with referenCe to approaching vessels, must be left to II great extent to those on board of her.
SAME-MEASURE OF ACCOUNTABILITY.
They are not regarded as common carriers, as to accountability, but are only required to use reasonable and ordinary care in their business-the skill and ability ordinarily possessed and exercised by those engaged in that businesstowards the tows in their charge. 3.
COLLIsION-WrrH VESSEL AT DOCK.
Where a vessel was lying at a dock on the east side of the river, and a barge, in charge of a tug coming up the river, sheered to starboard, when the tug pulled her towards port to avoid another tug and tow coming down the river,