Pope & Talbot v. The Fearless

Citations

• 3 D. Haw. 207

Syllabus

<p>Liability of towing vessel for injury to tow: A vessel in tow is stranded through the negligence of the tug; she floats off in such a position in a narrow channel that her rescue is a matter of difficulty but yet practicable with exercise of reasonable care and skill. The same tug attempts the rescue in which attempt she is again stranded. Held, that the tug is liable for second stranding through its failure to exercise sufficient care and skill to save her, and not because of its negligence in causing the first stranding.</p> <p>Same: Had the second stranding been inevitable in consequence of the first stranding, the tug would be liable whether it had attempted to rescue her afterwards or not.</p>