The U. S. Grant

BENEDICT, District Judge.

This action is brought by Elisha A. Packer and others, the owners of a cargo of c.oal laden on board the canal-boat O’Rourke, to recover for its loss by reason of the sinking of the canal-boat while being towed through Hell Gate by the steamtug II. S. Grant.

The charge is that through carelessness on the part of those in charge of the tug, the canal-boat, in passing the Gate, was forced upon Flood Rock and so sunk, and the cargo lost.

The negligence imputed to the tug is failing to keep the proper channel in passing Flood Rock. The answer as an excuse sets up, that…