David Davis

“ It would seem as if an intelligent river man ought to have known these things; but, in the absence of proof on these points, there is no data on which to base a conclusion that an earlier effort would have been successful, and there is no pretense after the work was begun that it was not continued long enough. ”

“ It is insisted on the part of the appellant that there was not sufficient effort to raise the Katie after the accident, and that the Des Moines should not be visited with the consequences of this neglect. But there is no proof that the Katie could have been raised if an earlier effort had been made. If full effect be given to the evidence on this subject, it may tend to create a suspicion that the owners of the Katie did not engage the wrecker soon enough, but it does nothing more. ”