Melville Fuller

“ The burden is always upon him who alleges the breach of such a contract to show either that there has been no attempt at performance, or that there has been negligence, or unskillfulness to his injury in the performance. ”

“ The contract requires no more than that he who undertakes to tow shall carry out his undertaking with that degree of caution and skill which prudent navigators usually employ in similar services. But there may be cases in which the result is a safe criterion by which to judge of the character of the act which has caused it.' The circuit court found that the loss of the Vanetta was the result of improper and unseaman-like conduct on the part of the propeller Burlington. ”

“ As we cannot go behind the findings, and they are sufficient to sustain the decree, further argument is not required. The Maggie J. Smith, 123 U.S. 349, 8 Sup. Ct. Rep. 159; The Gazelle, 128 U.S. 474, 9 Sup. Ct. Rep. 139. Decree affirmed. ”