THE AETUBO. S09 �soonto proceed to England; but, being notified that her berth •was wanted, her master desired to be towed to the wharf of the Bastern Eailroad Company, which lies up the harbor in a north-westerly direction. �A channel suitable for all classes of vessels has been dredged to the Grand Junction wharves; but to the south- ward and eastward there is comparatively shoal water. �The Arturo was heading up the dock, and to take her to her destination it was necessary that her head should be turned after she shonld corne ont of the dock, or while she was coming out. Two tugs, the J. C. Cottingham and the Nabby C, belonging to different owners, fastened to the barkentine, one on each quarter, and backed her out of the dock. A very fresh wind from the north-west and a strong ebb tide were constantly setting her towarda the bank or shoal water above mentioned, and she grounded there almost immediately after leaving the dock, and sustained the damage complained of. The district cour^ pronounced both tugs to be in fault. The J. C. Cottingham did not appeal. The question in this court was whether the Nabby C. was chargeable. �There was evidence tending to show that the consignees of the Arturo had another Italian, ship to be moved that mom- ing, and asked Mr. Sargent, a shipwright, to procure her to be towed. ' Mr. Sargent had some interest in the J. C. Cottingham, or in her employment. He spoke to Mr. Sprague, who was agent for the tug Salem, and it was under- stood between them that this first vessel, the Danielo, should be moved by those two tugs. On returning to the consignee's ofHce, Mr. Sargent met the master of the Arturo, who asked him to procure towage for that vessel. Mr. Sargent went again to Mr. Sprague, and asked him to have the Arturo towed as soon as the towage of the Danielo was finished. Mr. Sprague proeured Captain Chase, master of the J. C. Cottingham, to go to the Danielo, and to notify the Salem to assist him; all which was done, and the Danielo was moved by those two tugs. Captain Chase understood that the Salem was to assist him with the Arturo, but there was another engagement for her, and Captain SooUay, of the Nabby C, ��� �
