Sutton v. Housatonic R.

In actions brought against wharfingers for damages caused to vessels by obstructions in the slips and along the docks, it is a good defense, wholly or in part, that the vessel bad notice of the obstruction, and did not exercise reasonable care and diligence in .avoiding it. The Stroma, 42 Fed. Rep. 922; Christian v. Van Tassel, 12 Fed. Rep. 884. And see Crossan v. Wood, 44 Fed. Rep. 94; The Calliope, L. R. 16 App. Cas. 11. From this it follows that when the master of the Ives, which drew 15 feet, ascertained that at the berth where the ship was directed to go there were stones in the mud…