45 F. 270 | D. Del. | 1891
The libelant is the master and part owner of the small steam-boat Fannie H., which, on the 10th of August, 1888, ivas moored along-side of the city wharf on the Christiana river, a short distance west of the foot of Church street, with her bow pointing down the river. She was employed during the summer in carrying fruit and vegetables from the vicinity of Salem, N. J., to Wilmington, and had come in on the morning of the day named between 11 o’clock A. m. and 12 m. Late in the afternoon of the same day, while the steam-boat was remaining in the position just described, the defendant’s schooner, Sandsnipe, loaded with 85 tons of sand, was towed up the river by a tug, with the purpose of making fast at a wharf below the Fannie H., but, the tide being ebb, the schoonet ran aground within a few feet of the steam-boat. The tug, after an unsuccessful effort to pull the schooner into deeper water, cast loose and went off. Both the steam-boat and the schooner were now aground; the latter lying with her .bow somewhat up the river, and at an acute angle with the starboard side of the former. The schooner’s stern was out towards the channel. A bowline ivas run from the schooner across the bow of the Fannie H., and made fast to a post on the wharf below. The vessels were not more than 40 feet apart, and, from their relative'positions, it was inevitable that when the schooner should float, on the next ffood-tide, she would swing around, and run into the steamboat, unless some precautions were taken to prevent the collision. The libel alleges that the necessary precautions were not taken by those in charge of the schooner, whose duty it was to make them, and that the collision, which occurred on the rising of the tide, was in consequence of their neglect; and hence this suit by the libelant and other owners for the injury sustained by their boat, and for the loss of freight while she was undergoing repairs.
Let a decree be entered for the libelant, with an order of reference to-ascertain the damages.