THE DEFENDER (three cases)

THE DEFENDER (three cases). (Circuit Court of Appeals, Second Circuit. November 1, 1926.) Nos. 62-64. 1. Towage <@=>11 (I). Tug, greatly deviating from compass course in short distance, held not managed with ordinary care. 2. Towage <@=»I2(I). Boats in tow cannot be held at fault for injuries because of deviation from course, since they could not have affected drift of tow, if they had attempted to steer. Appeals from the District Court of the United States for the. Northern District of New York. Separate libels by Joseph Leonard, by Henry Patnode, and by William Malia against the steam tug Defender, her engines, etc.; Lake Champlain Transportation Company, claimant. Decrees for libelants, and claimant appeals. Affirmed. O. A. Dennis, of Whitehall, N. Y., for appellant. Maeklin, Brown & Van Wyek, of New York City (Paul Speer, of New York City, of counsel), for appellees. Before HOUGH, MANTON, and MACK, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. We are of opinion that the tug was not managed with ordinary skill, because steering by compass she deviated from her course so greatly in so short a distance. We think no fault is attributable to the boats in tow that were injured, because, if they had attempted to steer, they could not have affected the drift of the tow. We think the testimony for the boats Catherine and Fallon was sufficient to show that they received some injuries on the reef off Valeour Island. Decrees affirmed, with costs.