The Startle

Citations

• 115 F. 555
• 1902 U.S. App. LEXIS 4953

Syllabus

<p>1. Towage — Obligation of Tug — Liability fob Loss or Injury of Tow.</p> <p>A tug which undertakes a towing service is not an insurer of the safe delivery of the tow, but the obligation imposed on it by the law is that it shall be reasonably adequate to the service undertaken, and that those in charge shall possess and exercise the skill and care ordinarily exercised by those having experience in the same service. Where the master is shown to have been an experienced and competent man, much must be left, as occasion arises, to his judgment and discretion in the management of the tow, and the burden rests upon the owner of the tow to prove that its loss or injury was due to negligence on the part of the tug to render the latter liable therefor.</p> <p>2. Same.</p> <p>The fact that a tug did not report for service in taking out a tow at the time agreed upon, and did not start until several hours after the appointed time, when the tide was not so favorable, will not support an action for an injury to the tow on the voyage where the owner accepted the service of the tug after her arrival, and the tow was then taken out with his consent ''</p> <p>8. Same — Incident Causes of Injury.</p> <p>Delay by a tug in proceeding with its tow, or other errors in navigation, although negligence, will not render it liable for an injury to the tow caused by the breaking away and loss of some of the boats while anchored, where there was no direct causal connection between such acts and the loss, which resulted directly from intervening causes.</p> <p>4. Same — Grounding—Incompetence of Pilot.</p> <p>Where at the time of making a contract for tawing a fishing fleet in Delaware Bay the master of the tug stated that he was wholly unacquainted -with the waters at a certain part of the route, and the owner of the fleet agreed to put one of his men on board as a pilot when such place was reached, which he did, such pilot was not the agent of the tug, but of the owner of the tow, and the tu