ance of a tug, and to rely on the judgment and direction of the master of the tug, in order to get his vessel out of the river. To obtain this assistance he telegraphed to the agents of the tug that he desired its services to take the bark to sea, and in response to this request the Inca came, and arrived where the Ingersoll was lying at 11 o'clock in the forenoon. The tug was employed. At the hour of her arrival the tide was still running down, and in the judgment of the master of the tug it was not expedient to take the bark down on that stage of the tide. At 1 o'clock in the afternoon, the tide having turned about noon, the master of the tug announced to the master of the bark that he was ready to start, whereupon the master of the bark remonstrated, stating that he had been informed that it was not safe to take a vessel of her draft down the river on a young flood, but that the voyage should be delayed until the tide was two-thirds flood. Whereupon the master of the tug said that his informant was a fool and knew nothing about it, that he himself knew his business, and that it was entirely safe for the bark to be towed down the river at that stage of the tide. The master of the bark, having no personal knowledge of the conditions, and relying upon the assertion of the master of the tug, permitted the bark to be taken in tow, and began the voyage at I o'clock in the afternoon of that date. It is further alleged that, in towing the bark, the tug was about 200 feet ahead; there was a man at the wheel of the bark, steering as nearly as possible in the wake of the tug; and all went well until a point between half a mile and a mile from the place of starting was reached, when the bark, in thus following the tug and being thus drawn by her, was run upon sunken rocks, of which the master and crew of the bark had no knowledge, and of which the master of the tug either knew or ought to have known. The bark struck her bottom near the foot of the mizzenmast, and stuck on the rock. Whereupon the master of the tug, failing in the effort to pull the bark ahead off the rock, let her swing with the tide, and attempted to twist her off, during which process her rudder sprung up. The master of the bark then requested him to bring the tug alongside and pull her off straight, which he refused to do. He continued twisting her three times, until her rudder came up, and the bark, in coming off the rock, tore off her shoe, and was otherwise so injured that she filled in about 10 minutes and sank. The master of the bark endeavored to get her on the bank of the river, so as to avoid sinking in the channel, to this end letting go her port bow anchor and letting her stream anchor go astern, which was all he could do. It was alleged that the master of the Inca failed to exercise ordinary and reasonable care, caution, and maritime skill, first in towing the bark at the stage of the tide then existing, then in getting the bark aground, and in the method adopted in getting the bark off of said obstruction. By this negligence and want of skill the bark was wrecked and became practically a total loss to the owners. A survey was held upon the bark, after sinking, and, as repairs would have cost $10,000, it was recommended by the board of surveyors that she be sold as she lay, which sale being had, the highest price bid for her tackle, apparel, and furniture was $725, for which sum she was sold. Libelant alleges that he has been endamaged in the sum of $12,200, whereof $10,000 represents the value of the bark, her apparel, tackle,

and furniture at the time of her destruction, less the sum of $725, for which she was sold, and the sum of $2,500 represents the net freight upon the cargo being transported in the bark at the time she was sunk, and which was also lost, for all of which damages the representatives of the steam tug decline to settle with libelants.

Upon these averments, with suitable prayers, process issued, was served, and an answer was filed by the claimant of the Inca. The claimant is the South Atlantic Towing Company, a corporation of the state of Georgia.

The answer admits that the bark was lying at the spot alleged, and that she was well equipped and manned, but whether staunch or not they neither admit nor deny. They allege that the master of the bark was Christopher Edwards, a negro, and that the bark was an old vessel, about 27 years old, and was not in condition, as respondent is informed and believes, to be insured; that the place at which she was lying was an exceedingly dangerous one, because there was a large number of logs lying at the bottom of the river, and with said bark loaded down as deeply as she was, at low tide, her keel rested on these logs, occasioning serious danger of injury thereto and to her hull. The answer states, at the time mentioned in the libel, when she was ready to begin her voyage down the Satilla river, she had been pulled out from her dock and lay out in the stream afloat. It is admitted that the Satilla river was navigable, and had a sufficient depth to float in safety a vessel of the draft of the bark, and says the bark, according to the marks on her stern, drew 17 feet 7 inches aft and 16 feet 10 inches forward. It admits that it was necessary for the bark to employ a steam tug, and under the form of an admission avers that it was necessary for the bark to follow in the wake of the tug, and to be herself steered properly. The answer further admits that at II o'clock and 25 minutes the water in the river was still running down, although the tide had been rising since about II o'clock, and that it was not expedient, in the judgment of the master of the tug, to take the bark down the river on that stage of the tide. The respondent admits that about I o'clock the tug master announced to the master of the bark that he was ready to take her down the river, but denies any remonstrance on the part of the bark's master, and any such conversation on this subject, as that alleged in the libel. The answer then sets forth that it was high tide at St. Andrews Sound on February 8, 1903, at 9 minutes past 4 o'clock p. m., which would have made it high water at the lower bluff mills, where the bark was lying, at about 5 o'clock p. m.; that it was low water at the said mills at about II a. m.; that thereafter the flood tide began at that point, occasioning a rise in the river for about an hour and a half, the water in said river during the said period of an hour and a half running down still, and at 12 o'clock at said mill on said day the flood tide had counteracted the flow of the water in the river, and then the flood tide was running up, and after said lastnamed hour the said flood tide was running up strong; that it was 1:45 p. m. when the tug got the bark and started down the river; and that the tide then was running very strong flood, with a depth of water in the channel of 24 feet. In the judgment of the master of the tug it was best to leave at that stage of the tide, so as to get to the shoals

lower down the Satilla river about high water. These shoals bear the profane designation of "Pull and Bedam," and are located 12 miles below; there being others, known as "Floyd Shoals," about 3 miles further down, and it being the design of the master of the tug to reach the last-named shoals about high water. There was plenty of water in the river above the shoals first mentioned, and by going down the river on that stage of the flood he would be enabled to get his tow safely across the shoals at high water. The answer insist that the tug was 360 feet ahead of the bark, instead of 200 feet, as alleged. It admits the bark had a man at the wheel, but denies that it was steered as nearly as possible in the wake of the tug. It admits that the bark went aground between a half a mile and a mile from the place of starting, but denies she went aground in following the tug, or that the tug drew the bark in such a way as to put her aground. The respondent does not know whether the bark ran upon a sunken rock or not, and alleges that, whether there was a rock there or not, the master of the tug neither knew nor should have known, because the same was entirely out of the channel, and in a bend of the river outside of the fairway, and the bark went aground by her own gross negligence. It is admitted that the tug made strenuous efforts to pull the bark off the obstruction, whatever it was, and failed to do so, but denies that the master let the bark swing with the tide, and then attempted to twist her off the rock, and denies that the master of the bark requested the tug to come alongside and pull her off straight, and that he refused to do so, and also the allegation that the tug twisted the bark three times until her rudder came up, but admits that, when she was finally pulled off, she filled rapidly and sank. It is alleged that the bark was out of the channel at least 120 feet.

The theory presented of the bark's misadventure by the tugboat is as follows: The Inca took the Ingersoll's hawser, which was about 60 fathoms in length, or about 360 feet; the said hawser being made fast on the bark to her port bow, and being made fast at the stern of the tug on her starboard bitts, which would have put the bark, in following the tug, with her port side in the wake of the starboard side of the tug. The bark was sharply built and easily steered, and should have been kept in the wake of the tug. The tug was in the command of Capt. Floyd, an experienced master, a licensed pilot, and entirely familiar with the Satilla river from the lower bluff mills to St. Andrews Sound. The voyage began at the proper time and stage of the tide, and for 6 miles there was a clear unobstructed depth in the channel of 24 feet; the channel being broad and ample, with no short bends in the river. When the bark started, it is alleged, her master was at the helm, and she proceeded a short distance when the master gave up the helm to one of his sailors, walking forward to the break of the poop, where he ought not to have been. His proper position, during the time of the progress of this vessel down, was at or near the helm, so that he might give direction as to the course of the vessel in keeping her in the wake of the tug. This was especially necessary, as there was a gradual bend in the river ahead, which the tug and tow were about to make. The channel was on the starboard side of the river going down. It was about 200 feet wide with a depth of 24 feet. About a quarter of a mile below the mills a gradual bend in the river set in, extending about half a mile.

The tug kept near the starboard shore, which required the bark to do the same; but, instead of doing this, the bark was steered with such gross carelessness and negligence that she was allowed to go off to port a distance of three times her width, thus throwing her out into the bight, and entirely out of the channel. The wheel ought to have been put to port, so as to keep the bark in the tug's wake; but, instead of this, the wheel was left alone and neglected, and consequently the bark immediately went out of her course, and did not come around as quickly as she would have done with her wheel to port, and the bark therefore went rapidly into the bight, and brought up on some obstruction which was entirely out of the channel, the nature of such obstruction not being known to the master of the tug or the respondent. So far as that part of the river was concerned, for six miles the bark could have been towed in perfect safety at any stage of the tide. It is further alleged in the answer that when the bark hauled up on the obstruction, whatever it was, the headway of the tug was stopped, and the master of the tug then knew the tow was aground. Thereupon the tug endeavored to pull the tow off, and failed in the first effort. The bark remained fast; the tide carrying her bow around to starboard, until she headed about across stream. Then the master of the tug, finding the tide was carrying the tow around, slowed the tug up and waited for the tide to rise, trusting to get her off with the aid of the tide. After waiting about 15 minutes the tug began a second time to pull the tow off, and after pulling for about 10 minutes, and finding she did not move, again slowed up to wait for the tide to rise. After waiting about 15 minutes more, the tug then proceeded the third time in her attempt to pull the tow off the obstruction, and succeeded. The bark was then towed down stream about five times her own length, when the mate of the bark sung out she was sinking. The master of the tug immediately starboarded his wheel, and put the tug over to the port shore, so as to ground the bark at or near shore as quickly as possible. The bark where she lay was full of water; the depth being four fathoms. The master and crew were on the poop deck of the vessel, which was about five feet above the water. It was about five minutes from the time the bark was pulled off the obstruction until she sank. Having done all that could be done, the tug took her departure for Brunswick. It is averred that the man at the wheel was a common sailor, with neither captain nor mate at hand to correct him. It is denied that the tug was unskillfully or negligently managed. It is alleged that all was done by the tug which could have been done to get her off the obstruction, and that the master of the tug acted with reasonable care, caution, and skill, denying all negligence and want of maritime skill. The answer alleges that the bark was wrecked and sunk solely on account of the gross carelessness and want of skill of her master and officers and crew.

The foregoing statement we think adequately presents the issues in controversy before the court. It is not in serious dispute that the bark was in all respects staunch and sound when, loaded with her cargo of lumber, she was lying in the Satilla river, awaiting the tug at the mills of the Hilton-Dodge Lumber Company. There is no proof whatever that her bottom had been damaged by supposititious logs, which might have been imbedded in the bottom of the stream. That she floated there

for days, and floated in the stream awaiting the tug, and floated in safety while going down the stream, until she grounded on the obstruction and sunk in five minutes after she was pulled off, makes it clear that her loss was due to such grounding, and to no other cause. Indeed, this ground of defense was not noticed by the proctor for respondent in his argument. Beginning, then, with the assumption that the loss of the Ingersoll, while in tow of the tug Inca and under the domination of her master, is plainly ascribable to the grounding, it becomes important to briefly state the law controlling in conditions like those under consideration.

In The Margaret, 94 U. S. 494, 24 L. Ed. 146, where a brig in charge of a tug did not answer her helm, the port line broke, and the starboard line broke also, and the brig was thrown by the force of the swell upon the end of a pier, a hole was stove in her quarter, and she sunk, where it was not denied that in the crisis the tug did all that could be done to relieve her from the perils of the situation, the Supreme Court, through Mr. Justice Swayne, observe:

"The tug was the dominant mind and will in the adventure. It was the duty of the brig to follow her guidance, to keep as far as possible in her wake, and to conform to her directions. The exercise of reasonable skill and care within this sphere was incumbent on the tow. It does not appear that there was a failure in any of these particulars. If the port line was too weak, the tug should have called attention to it. Silence was a fault. The tug was not a common carrier, and the law of that relation has no application here. She was not an insurer. The highest possible degree of skill and care were not required of her. She was bound to bring to the performance of the duty she assumed reasonable skill and care, and to exercise them in everything relating to the work until it was accomplished. The want of either in such cases is a gross fault, and the offender is liable to the extent of the full measure of the consequences."

The court continue:

"The port of Racine was the home port of the tug. She was bound to know the channel, how to reach it, and whether, in the state of the wind and water, it was safe and proper to make the attempt to come in with her tow. If it were not, she should have advised waiting for a more favorable condition of things. She gave no note of warning."

It is true that in that case no serious attempt was made to inculcate the tow.

Another pertinent principle is stated in Hughes on Admiralty, par. 60, and is fully supported by authority:

"It is also settled that the mere occurrence of an accident raises no presumption against the tug, and that the burden is on the complaining party to prove a lack of ordinary care. At the same time, the ordinary care required of those engaged in the profession of towing is a high one, for they hold themselves out as experts. The measure of care required is similar to that required of pilots. In fact, they are pilots."

In the case of Transportation Line v. Hope, 95 U. S. 297, 24 L. Ed. 477, the Supreme Court, through Mr. Justice Hunt, say:

"As a necessary incident of this engagement [towage of a barge], the defendants were entitled and were bound to assume supreme control and direction of the plaintiff's boat, and of the persons in charge of her, so far as was necessary to enable them to fulfill their engagement, and they were bound to