The Robert H. Cook

Citations

• 207 F. 626
• 1913 U.S. Dist. LEXIS 1333

Syllabus

<p>1. Towage (§ 12*)—Duty of Tows to Follow Tug.</p> <p>It is the duty of those in charge of boats making up a tow to do what they reasonably can, in the exercise of ordinary care, to see that they follow the tug.</p> <p>[Ed. Note.—For other cases, see Towage, Dec. Dig. § 12.*]</p> <p>2. Towage (§ 12*)—Injuby to Tow—Liability.</p> <p>When a tug with 29 coal-laden boats in tow in 14 tiers of two each and one in the rear was passing around Pulpit Point in Lake Champlain where the channel is winding, going north, a canal boat on the port side of the tow sagged against the government boom placed to keep boats off the rocks and was injured, increasing her leak. There was considerable wind from the south and a strong current. The master of the boat was not using her tiller. He knew of the injury but after pumping her out several times went to sleep at night when the tow was more in the open lake and the water was rough, leaving no one on watch. He was awakened by the coming in of the water and he and the master of the boat alongside started to pump, but she soon sank. He did not notify nor signal the tug of her condition. Held, that the master of the tug was negligent in attempting to pass the point with such a tow under the weather conditions prevailing and in not directing those in charge of the tows to use their tillers; that the master of the canal boat was also in fault for not keeping watch and giving notice of her injury, in which case the tug might have saved her or lessened the damage; and that the damages should ho divided.</p> <p>[Ed. Note.—For other cases, see Towage, Dec. Dig. § 32.*]</p>