
    THE A. C. CHENEY.
    (Circuit Court of Appeals, Second Circuit.
    November 22, 1901.)
    No. 39.
    Appeal from the District Court of the United States for the Eastern District oí New York.
    Le Ray S. Gone, for appellant.
    R. D. Benedict, for appellee.
    Before WALLACE and LACOMBE, Circuit Judges, and TOWNSEND, District Judge.
   PER CURIAM.

There is no satisfactory evidence of any careless or negligent conduct on the part of the tug while performing the towage service, and the case for the libelant rests wholly upon the presumption arising from the fracture of the planks during the service. We are not satisfied that the court below erred in the conclusion reached, and think the decreo dismissing the libel ought not to be disturbed. Decree affirmed, with costs.  