shows that the defendants undertook to obtain tugs to assist the vessel in navigating the Black River to the berth.
The use of tugs to aid in taking the vessel to its berth had been discussed several days before the voyage commenced. Dotson, when told that because of labor difficulties tugs might not be available, said that, subject to the captain's approval, he would have no objection to taking the boat up to its berth without tugs.
Defendants asked Clements, their agent, to arrange for tugs and the agent spoke to the towing company in Lorain. On both occasions he was told of labor difficulties, the possibility that tugs would not be available, but that the tower would do all possible to make the necessary arrangements. The agent hired Powellto pilot the vessel into the port since he had extensive experience in navigating the Black River. He told Powell that they would not know until the last minute, when the vessel was off the Lorain breakwater, whether tugs would be available.
Coming back to Dotson, we find that he was of the opinion, as the vessel approached the breakwater, that there was a "pretty good possibility" and "pretty strong chance" that tugs would not be available.
Powell testified on behalf of the plaintiff. He agreed that at the time he was employed by Clements he was told of the possibility that tugs would not be available. However, he says that if he had been told that there would definitely be no tugs he would not have taken the assignment.