270 F. 569 | 2d Cir. | 1920
(after stating the facts as above).
The Edna projected considerably beyond the tug’s bow, and'she may have touched the Price; but the only result to the Price of whatever contact occurred was to “bulge in” her bustle strap “in the neighborhood of half an inch.” This strap is an iron band of half or üve-eighths of an inch in thickness. How much of a blow would be necessary to produce such indentation we are not informed, but it is
The surveyor’s report is uncontradicted to the effect that some of the Edna’s “bottom planking” was very loose and “open in the seams, with hardly any oakum.” The oakum generally in the bottom and sides was “very old and rotten,” the knees and beams were “very old, some of them decajred, some of them split,” and the spiking on the bottom was partly corroded off.”
We are persuaded that this case requires an application of the “ancient practice of the admiralty to scrutinize closely claims resting on the loss of old or weak vessels” (The Bordentown [D. C.] 16 Fed. at page 273), and the evidence above summarized leads us to apply the language of Judge Addison Brown in The S. O. Pierce (D. C.) 40 Fed. 767:
“Tlie libelant’s boat was a very olcl one. Under the evidence it is very doubtful even whether tlie blow was more than one of, the ordinary contacts of navigation. Under such circumstances as [we] have named, there is too much doubt as to any substantial injury caused by the blow to warrant any decree. The entertainment of such demands, and any attempt to give damages for the comparatively slight blow that this must have been [if there was any blow] would be more likely to result in injustice, and lead to the multiplication of suits on ill-grounded and fictitious claims, than to promote the- cause of substantial justice.”
The decree appealed from is reversed, and the cause remanded, with instructions to dismiss the libel, with costs in both courts.