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FlIlDEBAL BllIPOBTIlB.
bound,to keep a striot and oonstant lookout for'VeB8els ahead, I think he is not chargeable legally with knowledge, against his own testi· mony, for what he might have seen during the short space of two or three seconds; and that his failure to notice this momentary appearance of the schooner's light on the port side before it was obscured by the escape of steam, which might, if it had been seen, have led him to port his helm sooner, is not legally chargeable against him as negligence; and there being no other fault chatgeable against him upon the evidence, the collision of the tow with the schooner must be charged to the fault of the steamer, which was responsible for her navigation. The libel should be dismissed as against the Excelsior, with costs, and the libellants should have judgment against the Atlas for one.. half their damages, with costs, with a reference to compute the damages.
Tm: A. R.
GRAY.
(O{,rcuU Oourt, E. D. New York.
May 27, 1882.)
CoLLISlON-TUG AND Tow-FICTITIOUS DAMAGES. Whete a boat was towed out of a crowded slip stern foreD..lost by a tug, and was drawn againstthe bow of a canal.boat lyillg in the slip, the owner ofwhich libelled the tug and claimed $1,000 damages for the collision, and on the trial the damage proved was a crack in the bow-stem of the canal-boat so struck,to repair which perfectly at the present time it might be necessary to take out the stem and rebuild the bow,-while the claimant of the tug brought many witnesses to show that the crack walla" season cl1eck," the e:Q:ect of weatheJ: and not the result of collision, and could have been drawn together with bolts at the time at a trilling expense, Mld, that the libel must be dismissed, on th& evidence; with' costs against the libellant.
C. CampbeU, for libellant. tV. W. Goodrich, for respondent. BENEDICT, D. J. I entertain. no doubt that the claim of nOW made for damage to the libellant's boat by,the collision referred to in the libel, is in great part, if not wholly, fictitious. .The split in the stem. which the libellant ,asserts was caused by·the collision, but which decla.re to l)e a. "season check," may ha.ve ,been caused by the. oollision referred to j but, if such be. the fact, it dqes not follow that, any appreciable damage to the boat resu.lted is a great weight otevidence to the effect that thetherefrom. ,"boat was not injured. I am ,entirely clear in, the conviction that. 71.
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there is no foundation for any such olaim as the libellant has BOUght to establish. The proper course, under snch circ'umstances, is to dismiss the and condemn the ill costs.
THlllVIDAL SALA.
(Diatrict (lou'ri, J3!.D. Geurgia. April 24, 1882.) ADMmALTY-JURISDICTION-DOCKING CONTRACT.
A contract which stipulates with the libellants that" their charge for attending to carrying out of docking, with crew's assistance, raising steamer, clearing and keeping dock clear to an extent necessary for working at the shaft while she is undergoing repairs, covering, releasing, rent, and all other expenses which may be incurred in carrying out of such repairs, to be $2,000/' to be paid on the satisfactory termination of is purely maritime; - " 8 contract concerning the sea," over whiCh admiralty has
In Admiralty. Libel in "em for use of dry-dock. Chulwlmet Erwin, for libellants. Mercer, for respondent. ERSKINE, D. J. The libel is based upon a written contract mitde in the city of Savannah, between S. Fatman, as agent of the Spanish steamer Vidal Sala, then lying in the port of Charleston, South lina,disabled, having her propeller shaft broken, and James' K. Clarke & Co., libellants. The" following is a copy of the contract: ' "SAVANNAH, December 31, <IJames K. Clarke & Co., City-Dear Sirs: In confirmation bf our verbal agreement, I hereby repeat that it is mutually understood and agreed between your good as owners of the dry-dock, and myself, as agent' of the Spanish steamer Vidal Sala, that the Iilaid steamer will enter your dry-dock upon per anival here, for the purpose of attending to certain repairs to her,machinery, and that you will have the dry-dock in readiness to receive her on Tuesday next, the second prox., unless prevented by some unforeseen acci. , dents or impediments. " Your charge' for attending to and cari'yhlg out of docking, with crew's assistance, raising steamer, clearing and keeping dock clear of water' to an extent necessary for the at -the shaft while the steamer is repairs, covering, releasing, rent, and all other expenses which may be in the carrying out of such repairs, be $2,500, say hundred dollars, such Bum to be paid to you (libellants) by me, {1<'atman,)foraccouri(Qf whom it may concern,' upon the satisfactory termInation of the contract: .' tt isunderstodd that the dry-dock and its owners are not to be-beld liabl6 for any accident tbat may happen through the giving way, breaking; or other