93 F. 986 | 2d Cir. | 1899
The brief of counsel for libelants (appellants) opens with this statement: “With regard to the America, the evidence shows substantially that she was a vessel engaged in towing on the Hudson river; that she was laid up at libelants’ wharf, under an' arrangement with her agent, during the winter months, awaiting the opening of navigation in the spring, when she was to be generally overhauled, and would resume her occupation. The ease of the Niagara is somewhat different, as she went to libelants’ wharf in the spring.” Inasmuch as the berths were occupied under “an arrangement” between libelants and the agent of the boats, it should first be ascertained what that arrangement was. The boats in question and others belonged to Schuy