Brigham v. Cornell Steamboat Co.

(after stating the facts as above). To permit recovery by tow from tug in this, the ordinary assertion of tower’s liability, the tow must bear the burden of affirmatively showing that the injury received was proximately caused by some act or omission of the tug, inconsistent with that reasonable care and skill impliedly promised when the towage contract concluded. That proof of negligence is often reached by inferences or presumptions from the facts proved is not opposed to the foregoing always applicable rule of law.

The one fact here proved is that, after mooring the first tow in a manner…