On the night in question the plaintiff's boat had arrived at the harbour of Moyvalley, shortly before the arrival of the packet boat; and after touching at the Moyvalley side, so as to give facility to one of the persons on board to hand out oats for the purpose of feeding the horses engaged in drawing the boat, the persons on board pushed the boat with poles across towards the opposite side of the canal, within a few yards of another boat, which was moored close to the opposite bank, in which position the plaintiff's boat was, when the packet boat entered the harbour or station.