The Thomas Quigley

Citations

• 130 F. 336
• 64 C.C.A. 582
• 1904 U.S. App. LEXIS 4168

Syllabus

<p>1. Towage — Tug Moving Lighter in Absence of Master — Liability for Injury.</p> <p>A tug which, contrary to custom, took a loaded lighter from a safe anchorage in the absence of the master, and towed it to the wharf of the cargo owner, assumed the duty of seeing that it was left in the care of some competent person, and did not relieve herself from liability for its injury by delegating such duty to the wharf owner.</p> <p>2. Wharves — Unsafe Condition of Bottom — Liability of Owner.</p> <p>The owner of a wharf used for its own purposes, which negligently allowed the bottom around it to become filled with obstructions, so that a. vessel could not safely lié there unless special care was taken to prevent it from grounding at low tide, and which had a loaded lighter brought there and moored on Sunday, during the temporary absence of the master, assumed the duty of seeing that it was so placed as to be safe, and is liable for its injury resulting from the failure to breast it out into sufficiently deep water.</p> <p>3. Towage — Injury to Tow — Contributory Fault.</p> <p>The owner of a lighter which was moved by a tug on Sunday, contrary to the usual custom, at the instance of the owner of the cargo, was not chargeable with fault because the master, who did not know it was to be taken that day, was temporarily absent, so as to preclude him from collecting damages for its injury through the fault of the tug and the cargo owner.</p>