The Nellie

BENEDICT, District Judge.

These two actions which have been tried together, are brought, one by the owner of the canal-boat IVaddy, and the other by the owner of her cargo, to recover damages for breach of a towage contract.

The allegation of the libellant, William Nelson, Jr., the owner of the cargo, is, that a contract was entered into whereby the tugboat “Nellie” was to tow the canal-boat “Waddy” from the foot of Fourteenth street, East river, to 131st street, North river, and there leave her in a safe and suitable place for the discharge of the cargo with which she was laden.

The breach…