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![handle is hein.slavery/ussccases0454 and id is 1 raw text is: THE GALATEA.
Tim, GALATEA.
Where, in order to avoid a collision between two vessels propelled by steam, one
going with and the other against the tide, it is conceded that one should stop,
it is the duty of the vessel proceeding against the tide to do so, as her move-
ments can be controlled with less difficulty than those of the other vessel.
APPEAL from the Circuit Court of the United States for the
Southern District of New York.
1Ir. R. .D. Benedict for the appellants.
Mr. William 3l. .Evarts, contra.
MIR. JUSTICE CLIFFORD deliveredf the opinion of the court.
Owners of ships appoint the master and employ the crew,
and consequently are, as a general rule, held responsible for the
conduct of both in the navigation of the vessel.
Exceptions exist to that rule in certain cases; as where the
craft is one without sails or steam apparatus, or where the diffi-
culties of the navigation make it necessary to employ a steam-
tug, and to turn over the control and navigation of the ship to
the master and crew of the latter vessel.
Steam-tugs are usually employed in such cases; but the
owners of the ship or other craft do not necessarily, in that
event, constitute the master and crew of the accessory motive
power their agents in performing the service, as they neither
appoint the master of the steam-tug or ship the crew, nor can
they displace either the one or the other. iSturgis v. Boyer,
24 How. 122.
Beyond doubt, they are under obligations to employ a sea-
worthy steam-tug, as the accessory motive-power to their own
ship ox craft; and they continue to be responsible for the neg-
ligence, omission of duty, or unskilfulness, of the master and
crew of their own vessel.
Much discussion of those questions, however, is unnecessary,
as it is not pretended, in the case before the court, that the
barges in tow were guilty of negligence, or that any act or
omission of duty by those in the immediate charge of their
navigation contributed in any degree to the collision. Instead
of that, it appears that the suit was promoted by the owners of
Oct. 1875.]
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