part of the cargo. The men were sent home by the consul on the steamer Advance, a vessel likewise owned by the defendant. Of course, they were not entitled to wages for their services on the Advance. The statute made it their duty to work, ifable. The libel must be dismissed, with costs.
HAsKELL 11. THE ELLA. W.ABNER.
(DiBtnot Oourt, E. D. NeIJJ YO'1'k. October 4, 1886.)
CoLLIsION-Two SAILING VESSELS-VESSEL CLOSE·HAULED-VESSEL SAILmG
J'RElll-LUFII'. . TAe evidence indicated that the collision in this case was caused by a tuft on tbepart of the schooner E., when it was her duty. to hold her course, being close·hauled, and meeting the vessel E. W. sailing free. It not being shown tha.t her luffing was necessary to avoid immediate collision. held, that the luft was It fault, and the E. solely liable for the collision.
In Admiralty. Goodrich, Deady k Goodrich, for libelant. Pritchard, Smith k Dougherty, for claimant.
BENEDICT, J. The immediate cause of the collision was a luff on the part of the schooner Eloise, when it was her duty to hold her course, being close-hauled, and meeting a vessel going free. Her master claims that his luff was made when the Ella Warner, displaying a green light, was crossing his bow, so near that his schooner would have struck the starhoard quarter of the Ella Warner if he had not luffed; but the conceded fact that the Ella Warner, while luffing, struck the Eloise at her starboard fore-rigging, shows to me that the Ella Warner could not have been crossing the bows of the Eloise in,. the manner described by the captain of the Eloise at the time of the luffing by the Eloise. It seems to me that the Eloise has failed to show that her luffing was necessary to avoid immediate collision. Such being the case, her luff was a fault. It iR entirely plain that, if the Eloise had held her course, there would have been no collision. The cause of the collision was her fault in luffing when she did. No fault is proved against the Ella Warner. She took all precautions to the ':Eloise, and the Eloise was seen in time to avoid her by luffing. The Ella Warner was luffed as soon as the Eloise was Seen, and that luffing would have avoided collision if the Eloise had held bel' course. The libel must be dismissed, with costs.
by Edward G. Benedict, Esq., of the New York bar.
WILSON fl. WINCHESTER. t
mi8trict Court, E. D. $6tD rork. October 22, 1886.)
S.A.LVAGE-FIRE-SCUOON.ER AT PIER-HAULED INTO STREAH-AWARD-ADDI. TIONAL COSTS.
A tire broke ant in oil-works not far from the pier where the respondent's · steam-schooner lay loaded ·with case-oil. Libelant's tug took hold of her, and drew her out into the stream. Held, that the service was a salvage servo ice, for which libelant should recover $200. besides $25 added to his taxable costs.
In Admiralty. Alexa,nder & Ash, for libelant. .: Benedict, Tajt& Benedict, for respondents. . ,
'.' BENEl;>ICT, J. .The service renderel1 by the libelant was clearlY!l salvage service, entitled to be compensated as such. The billof $200, presented by the libelant for his services, was, in my opinion, a reasonable the circumstances, and: should have been paid. Iawarl1 the therefore, that sum aahissalvage reward. For that sum, together with his costs, he maybll.v-e'adecree, and I add $25 to the taxable costs, in order to reduce by so much the libelant's of the litigation made necessary by the defendants' refusal to pay the libelant's reasonable bill.
THE SWALLOW.. ALLEN
fl. SEVEN HUNDRED AND EIGHTy-FIVE TONS OF
(Clrcult Court, E. D. New York. June 17,1886.)
DEMURRAGE-DESIGNATION OF WHARF-IMPROPER PLACE.
The decision of. the district· court in the same case (27 Fed. Rep. 816) af· firmed.
Admiralty Appeal. Wilcox, Adams «.Macklin, ror appellee, Mary E. Allen. Souther & Steadman, for appellants.
BLATCHFORD, Justice. I have reached', in this case, the same conclusions with the district judge, and for the reasons set forth by him. 27 Fed. Rep. 316. A decree will be entered to the same purport as that made by the district court on the fifth of April, 1886, with costs to the" libelants in this court.
1 Reported by Edward G. Benedict, Esq., oUhe New York bar. SReported by R. D. & Wyllys Benedict, Esqs., of the New York bar.