quence of the tugs working their way inlotherbreakwat.er,!whither they were bound for libellants had made demand for compensation, respondents offered them. $100 ll.s:a for the services, which offer was ,declined. Theodore M. Etting ana Henry R. Edmunds,- for libellants. , Henry G.Ward and Alfred Moore, for respondents. BUTLER, D. J. It is-difficult to reachasatisfactoty conclusion in this case. 'The testimony is in direct, irrecoD'Oilable conflict. -All that can be determined with certainty is that; the libell8iD.t did render valuable services to the respondent. The precise situation of reo spondent, the extent of danger and necessity for aid, and the circumstances under which the libellant afforded assistance, cannot be ascertained. For the a bill of $250 was presented, and the respondent tendered $100. It is not very important that this tender was called a "gratuity. " It is evidence that somethi;ug was due-an acknowledgment of this fact. Considering all the circumstances involved, I think it is safe to say the libellant should receive $180';' and the evidence does not seem to warrant more. A decree will be eutered for this Bum.
THE J. T.
(Di8tric' Court, E.
Ne'UJ York. June 26,188.3.)
Vessel in fault for allowing herself to be placed at a pier, lapping the &tarboard quarter of another vessel, so as to prevent her from changing her direction as she moved towards the pier, as vessels were being towed out from the pier, and a collision ensued. -
Hill, Wing Shoudy, for libellant. Owen Gray, for the James T. Easton. J. J. Allen, for the Northern Liberty. BENEDICT, D. J. It was no fault of the libellant's boat to be at the end of pier 7, North river, because she was called there for the purpose of towing a canal-boat, to which she was already made fast when the collision occurred. Neither was it a fault in the libellant's boat that she did not move away from ,the pier when notified of the approach of the Northern Liberty. Being lawfully where she was, sbe was not bound to make a place for the Northern Liberty. Besides, upon the evidence, there was not time for her to get away, so as to avoid collision, after danger of. collision was apparent.
The, Northern guilty offault in allowing to be pll\ced lapping. the starboard quarter of the Gardner Ilhead ()f her, On; the tow, and fast thereto, that when the boats were Btal'tedby the; tug towards the pier the Northern Liberty could effect no Qb,ange fin, her direction by using her helm as she moved towards the pier. It the Northern Liberty had been in her place behind the Gardner, instead of fast upon the Gardner's starboard quarter"she could have kept herBelfoff from the libellant's ,lioat,'as the testimony of the pilot of the Gardner Clearly shows. '," ,/Itwaa'not & fault in ,tbe ,tug ;tostllrrt the two boatstowar<Isth piers as Bhedid, for thepiloi of 'the; tug had direeted ,theimaster of the Northern,Liberty tQgetback *,ndhad the J;ight to suppose that his o1'<1or had; beene,beyed.Tbe the Northern Liberty, therefd.r6, is, alone; responsible for, the movement o£; hda:boat· towards the, piers, under llircumBtanoes; which made it impossiblejlor.himto sheer kis, bpat,:pff when he,found himself approaoh" ing dangerously near the libellant's boat. ,mha testimony of, the paokof,theGardner1tha$ he couldb,ave prevente'll the collision oy sheering his, boat.a.ndJJO' drawing the Northern Liberty off shore as they approached the libellant's boat, does not, upon the, Gardner I;tnyresponsibiJity for collision, for the Gardner, ,unde;r ,no tiol;l to -direc't ()f ,the Northern Liberty, and was guilty of no breach qf;d!Qiy PlY Qmittingso.tq dQ. The libel against the tug must be dismissed, and a decree entered' against the Northern for the daInageB and costs.
iI ,. "
's. D. :New York.
June 12, 1882.)
, ' ,
To entitle a libellant to recoter salvage compensation ,: the clR:im'lirit"lI veBsel'IDust be slloWn to have ,been in either actual or,appre· "banded danger st'the time the services'we,re.rendered.
2. PRACTICE-CoSTS. '
Where salvage compensation was (}laiQ1ed.for towage swer admitted the claimant's liability for a reason"ble towage the libellant recovered a reasonable sum for towage, without' costli,' and '1i'as adjudged to pay the United8tates marshal's costa.'