New York, N. H. & H. R. Co. v. Erie R. Co.

PER CURIAM. .

The No. 133 was in good condition when she was moored outside the string of five barges in the slip and when the Waverly’s captain ran that tug’s engines at half speed to clear out the ice he knew there was danger from hard ice between the barges. He could, and should, have seen that the barges were being rocked together by the agitation of the water he caused and, indeed, as his tug left the slip after its engines had been worked for three quarters of an hour the No. 133 was seen by a deck hand to be so low in the water that she was in trouble. Her master was in the pilot house…