Smith v. Yellow Pine Co.

BKOWN, District Judge.

The evidence and circumstances leave no dotiht that the canal boat was moved into the slip by the stevedore’s men by the dock superintendent’s orders, about 10 a. m., near high water, in the captain’s absence, and without his consent; and that the boat, as low water approached, rested on an uneven bottom, her stern only being afloat, whereby she was strained and damaged, and soon began excessive leaking. The captain had previously found *882by sounding that the bottom was uneven, and for that reason objected previously to being moved as the superintendent desired. The…