Oliver Wendell Holmes, Jr.

“ There cases show that for the purposes of liability the passive instrument of the harm does not become one with the actively responsible vessel by being attached to it. If this were a proceeding in rem it may be assumed that the car float and disabled tug would escape, and none the less that they were lashed to the Intrepid and so were more helplessly under its control than in the ordinary case of a tow. ”

“ It can make no difference, it is argued, whether the cargo is carried in the hold of the tug or is towed in another vessel. But that is the question, and it is not answered by putting it. The respondent answers the argument with the suggestion that if sound it applies a different rule in actions in personam from that which as we have said, governs suits in rem. ”

“ Ct. 339, 53 L. Ed. 600; Union Steamship Co. v. Owners of the Aracan, L. R. 6 P. C. 127. The rule is not changed by the ownership of the vessels. The John G. Stevens, 170 U.S. 113, 123, 18 Sup. Ct. 544, 42 L. Ed. 969; The W. G. Mason, 142 Fed. 913, 917, 74 C. C. A. 83 ”