Joseph P. Bradley

“ If, indeed, the action of her propellers is such as to cause unavoidable injury to other craft in a crowded harbor, or in a confined space like that of a slip or dock used by vessels of every kind, she might be justly required to find other means of moving in a position involving so much peril. ”

“ It was that break which set them adrift, subject to the suction caused by the motion of the Nevada's propeller. Their own fastenings were sufficient. We do not see how the court could find otherwise than that they were free from fault or negligence. Perhaps they might have done something else which would have been better. The event is always a great teacher. They might have staid out in the river and not entered the slip; or, having entered, they might have gone back to the bulk-head and staid there till the Nevada left. ”

“ Railroad companies are compelled to slacken the speed of their trains in passing through cities, and are often either prohibited from using ordinary locomotive-engines in the more public streets, or required to guard their tracks by means of gates, bars, or fences, in order to prevent accidents and collisions. ”

“ The large steamer which navigates our rivers creates an agitation of the waters which cannot be prevented without staying its speed and crippling its usefulness, and which requires from smaller vessels in its neighborhood increased attention and care to avoid being foundered or injured. Horse railroads in cities incumber the streets with their iron tracks and render the passage of private vehicles more difficult and dangerous. ”

“ The Nevada was in fault for not keeping a sufficient lookout aft and on the side next the slip, and in not seeing the Kate Green when she came in, or as she swung over, and in not stopping the propeller in time to avoid the collision.
' (2) The Kate Green, under the peculiar circumstances in which she was placed, was not in fault.
' (3) The libelants are entitled to recover the damages reported by the commissioner.'
It seems hardly necessary to do more than to state the case as the facts are found by the court in order to decide it. ”

“ Proofs being taken, a decree was made by the district court that the libelants recover their damages and costs against the Nevada, and it was referred to a commissioner to ascertain the amount of damage. The commissioner reported that the damage done to the Kate Green, her furniture, loss of freight, and interest, amounted to $4,289.72 ”