The Portchester

(after stating the facts as above). Before considering the evidence upon the steamer’s fault, we pause to say that the tug’s liability is in any case established. While it may be true that one of the hawser’s three strands was not quite cut through, it is clear from Bagger’s uncontradicted testimony that so little was left as to give it only two-thirds of its strength. In the absence of any explanation by the tug, in Whose custody the hawser remained, as to when and how this cut was made,, we must assume that it existed when the tow was made up. Nor are we willing to speculate upon its…