Sunset Telephone & Tel. Co. v. The Carl Frederick

I have carefully reconsidered the evidence in these cases, and have come to the conclusion that the judgment heretofore rendered was erroneous. That the cause of the accident was the fouling of the Enoch Talbot’s anchor with a kedge, which had been lost or abandoned by some vessel, and which was lying on the bottom of the bay, unknown to and unsuspected by any one, is, I think apparent. When the anchor was hove up, after the accident, it came to the surface crown up; and with the chain so wound around it as to deprive it of all efficacy as an anchor, except from its mere dead weight. It is. suggested by the‘advocate for the libelant, that there is no j>roof that this fouling occurred before the Talbot began to drag. There is, of course, no direct proof, because ocular observation was impossible. But to what other cause cap we attribute the dragging of the ship? There was no high wind or sea. The ebb-tide was running, however, with unusual force, There was nothing, therefore, in the nature of a to major, which could have caused a well-anchored ship to break from her moorings. She had lain at the same place for 18 days, when suddenly, on the night of August 7th, the second mate, who…