The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 20
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256 FEDERAL BREVORTEB
THE MAY McGUIRLI
(Circuit Court of Appeals, Second Circuit January 15, 1919.)
Nos. 143, 144.
TowAGE 4l11(10)---MooIG LAaw-NEGLINOE.
A tug which, having in tow, tandem, two scows heavily loaded with
brick, on reaching the Gowanus Canal, found congested, left them, for
the night, with a single line from the front of the tow to the waist of the
scow K., lying with an end fastened to the bulkhead, 15 feet from the
end thereof, instead of placing them alongside the K. and each other, as
she might, held at fault in not giving them the best mooring the situation
afforded, which was the proximate cause of the forward barge, under
the influence of tide and wind, catching on an obstruction, beyond the
bulkhead, listing, dumping most of her cargo, and injuring herself.
Appeals from the District Court of the United States for the
Southern District of New York.
Two libels in admiralty, tried together, onre by the Sutton & Suder-
ley Brick Company, and the other by Jacob Rice,' against the steam
tug May McGuirl, her engines, etc.; the Shamrock Towing Company,
claimant. From decrees for libelants, claimant 4dpeals. Affirmed.
Alexander & Ash, of New York City (Peter Alexander, of New
York City, of counsel), for appellant.
Hyland & Zabriskie, of New York City (Nelson Zabriskie, of New
York City, of counsel), for appellee Brick Co.
Ifacklin, Brown & Purdy, of New York City (William F. Purdy,
of New York City, of counsel), for appellee Rice. ,
Before ROGERS, HOUGH, and MANTON, Circuit Judges.
HOUGH, Circuit Judge. The libelants are, owners--the Brick
Company of the cargo, and Rice of the hull--of the scow Augusta
R., which was in charge of the tug May McGuirl, bound for a point
on the Gowanus Canal. After dark of a spring evening, with the
wind light from the northeast, the tug arrived as near the scow's des-
tination as she could get that night, and left her tow in what is charged
in the pleadings as an unsafe mooring. The tow consisted, not only
of the Augusta R., but of another and somewhat larger brick scow,
the Rich. The two scows had been taken into the canal tandem, with
their ends close together; the tug towing on the Augusta R., as hawser
boat, by two short hawsers.
There was great congestion in the canal, and at the point where the
tug left her tow the scow Keystone was lying, with several other boats,
having one end fastened to the bulkhead, :and so, projecting athwart
the canal; her side nearest the approaching tug being clear, and her
other side against, and probably fastened to other vessels lying to the
same bulkhead. This bulkhead terminated about 15 feet from the
nearer side of the Keystone, and the bottom back of the line of the
bulkhead prolonged was not good.
The tow thus about to be left was at least 225 feet long and heavily
laden. The forward end of the Augustus R. was put close to the Key-
=Fuar other cases see same topi &'KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/34/: accessed January 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.