, 1865-06-22
Rights and Duties OF sugs-Importnnt
Osc1slon In AdnlIrnlGy.

An Important decision In Admiralty was
given on Tuesday by Judge Swnyne, Asso-
ctate Justice Of The United States Supreme
Court, which affects more or less large
that Of Il. N. Strong r. the steam tue @ j, 3 5.
Morton, on appeal from the United States
District Court. J. s. Newbtiry for lIbe|tant
ard Vim. A. Moore for respondent.
on ths 3oth Of June, 1863, the tug Mortcn,
River. having In tow the four following YES.
tels IN toesr order: Superior, drawing il II.
: ln., Chase master Vanguard, 10 II, 6 In.
Davis master Yankee and Bermuda. At sua.
down they Fataed JeTy's Ranch nud the
,h1Gs ';aH hsh5s On the Eats jast after they were
rloI and Vanguard, which were carrying part
of thc5r sails, took all sails in The deDtn of
Eattr on the flats at the time, and dur.
In. the season. ssas II #. 6 In. or more, and
vessels Of 'hat drAtt cons'autiy went through
westward oi the 1ange. The tug before
reaching the end Of The deedged Channel rot
too Tar to the westward and stranded the Su-
pcrior. The master OF the Superior fayr ont
to 1he vanguatd an order s1a:6oard
snd tntn 10 port. The latter ordrs was
The tow line from the Superior to Tie Vaa-
guard was about 50 fathoms loEg, or the
usual length The Vanguard swu6r slowly.
and Struck the starboard quarter Of the Su-
FeIior with the bluff Of her, port bow, aud
drove her oEer the shallow place into deep
"a TaseI. sr" eaEsed the ip}nrI complained Of.
The tug gave the vessel no warning and did
not sound the channel Or slow stop, or back
her engine. The Captain, Mate and WneeIs,
man were attending to the navigation ofthe
ting. She had no lookout stationed forward.
On ne tsial In the District Court, the libel
Tss ss. dafmissed, and the cause appealed, III.
tusuce Swayne. in hts decision said;
That VIZ. trtvh ~, A. L. 4
care Of the vessels towed she must direet A.
10 length Of lines, the arrangement Of The
ofeer IN which they ehall be towed: that
eocd management and common prudence re-.
qn.re lhat The heaviest draft vessel Should be
Rlaced att Of those Of lighter dsaft; and had
snat lneeautlcn petn observed in tic present
taken place. s@3''s
tAat ordinary care On tho part Of the tne |
uHes them 70 know the channels throneh |
Which they undertake to tow vessels. ana |
where It appears there was good draft Of !
~. na;.es, 7, re Tug Is bound to keep In Il. Ii
While the Superior was drawing oniy eleven
feet six inches. Vessels drawifi1r twelve fest
1our inches went through that channcl IN
safety the same day. It Is clear that the tu1
got 100 far to the eastward, aud thereby
stranded the Superior, and was clearly In
Again, Il for any reason, the ordinary
rapgee, lights, or 1andmarks are obscured L
,s clearly 1hs duty OF the ting to take such
b1neT ot e5op prxeauaons as may be Eeeesay, either
Or s5nndtng the channel. She has M firh{
70 dash b!ildiy ahead, and rush into dangers
eae neither knows nor can avoid.
Upon these considerations We hold the tug.
n fault. and grossly 20. We can md no fault
en ~, me ne part q the Superior Or the Vanguard.
@ out even IN this case, were there fanlt On the
part OF the Vanguard, 1t would not preyenta
Superior. ~ LAG
: The decree below must be reversed. and the
ssnse ! 5e3csred to commission to compute