1 Navigable Waters (§ 26*) — Obstruction—Injury to Vessel — Evidence.

Evidence considered, and held, to sustain the allegation of a libelant that a wire cable by which one of the propeller tubes of its steamship was fouled in the harbor of Honolulu was left there, attached to the anchor chain of a buoy, by a dredging vessel of claimant which was employed in the harbor and using such cables as a part of her equipment.

[Ed. Note. — -For other cases, see Navigable Waters, Dee. Dig. § 26.*]

‘Navigable Waters (§ 22*) — Maritime Torts — Negligence Causing Injury to Vessel.

To place or negligently leave a wire cable attached to the anchor chain of a buoy in a harbor under water, where it is liable to cause injury to vessels using the harbor, is negligence, and constitutes a maritime tort, which subjects the wrongdoer to legal liability for the direct consequences of an injury resulting therefrom.

iEd. Note. — For other cases, see Navigable Waters, Cent. Dig. § 132; Dec. Dig. § 22.*]

3. Maritime Liens (§ 3*) — Liens for Torts — Vessels Liable — Dredge.

A floating dredge, capable of carrying her own machinery and implements and working crew, when employed as an aid to commerce in deepening navigable channels and harbors, is subject to the maritime law and to a maritime lien for a tortious injury to another vessel caused by negligence of those controlling her operations.

[Ed. Note. — For other cases, see Maritime Liens, Dec. Dig. § 3.*

Maritime liens for torts, see note to The Anaces, 34 C. C. A. 565.]

4. Navigable Waters (§ 26*) — Obstruction—Liability of Vessel for Maritime Tort — Extent of Liability.

When libelant’s steamship Siberia was in the harbor of Honolulu on a voyage to Japan, one of her propellers became fouled by a wire cable negligently left attached- to the anchor chain of a buoy by claimant’s dredge. The cable was wound around the propeller tube, but, after cutting loose the anchor chain, the Siberia proceeded to Yokohama without waiting to remove the cable, with the result that quite a serious injury was done to the propeller and surrounding parts, which could have been avoided by a delay of two or three days at Honolulu. Held, that the dredge was not liable for such indirect and avoidable injury, and that libelant was entitled to recover only the reasonable expense of having the cable removed there, together with demurrage for the time which would have been required.

[Ed. Note. — For other cases, see Navigable Waters, Dee. Dig. § 26.*]