I. Issue
Whether D is liable for damages when D moored its ship to P's dock to avoid the storm.
II. Fact
P's vessel lay upon the outside of D's dock, her bow to the east, the wind and waves striking her starboard quarter with such force that she was constantly being lifted and thrown against the dock, resulting in its damage.
III. Holding
Those in charge of the vessel deliberately and by their direct efforts held her in such a position that the damage to the dock resulted, and, having thus preserved the ship at the expense of the dock, it seems to us that her owners are responsible to the dock owners to the extent of the injury inflicted.
This is not a case where life or property was menaced by any object or thing belonging to the P, the destruction of which became necessary to prevent the threatened disaster. Nor is it a case where, because of the act of God, or unavoidable accident, the infliction of the injury was beyond the control of the D, but is one where the D prudently and advisedly availed itself of the Ps' property for the purpose of preserving its own more valuable property, and the Ps are entitled to compensation for the injury done.
