The Perseverance
Court of Appeals for the Second Circuit
1Opinion of the CourtHough, Circuit Judge
(after stating tbe facts ás above). Although tbe evidence as to weather in the very early morning of June 4th is neither full nor altogether harmonious, we are satisfied that Perseverance saw Dutchess and her tow soon enough and long enough to keep clear, which was a-duty incumbent on tbe tug, whether tbe canal boat was moving or moored. We therefore agree that Perseverance was at fault.
But we are satisfied that Dutchess also was negligent. She bad anchored in tbe *528channel, wherefore prudence and common sense taught that extreme care should be exercised in warning other vessels using that…
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