of $1,000. 'ntis ,the owners of the Samana deem insufficient compensation for the services rendered. That a salvage service was performed by the Samana cannot be denied. The Ei1n was helpless, at a, point less than, a hundred miles north-east of a dangerous coast, towards which she was driving at the rate of thirty or forty miles a day. If not fallen in with by some vessel, her destruction was extremely probable; but her chance of being fallen in with by other vessl.'ls was great, for was in the channel where many steamships pass. This circumstance, while it goes to decrease the peril, does not destroy it. The Erin was in a position of peril, and was rescued therefrom by the voluntary exertions of the Samana. It has been contended on the part of the claimants that the agreement signed by the masters makes the case one of simple towage. I ,do not so understand the agreement. The service expected of the Samana was, of course, a towing service; but the towing was to be rendered under circumstances which rendered the service salvage, and the Samana is entitled to a salvage reward. In support of the offer made by the Erin, I have been referred to a calculation of the percentages that have been allowed by various courts in cases of salvage service more or less similar to thofle rendered in the present case, and it has been contended that a similar percentage upon the value of the Erin would not amount to more than the dollars offered by the Erin. But no fixed rule for determining the amount of salvage awards can be based on a comparison of percent,ages. Where the value is large, the percentage may for that reason be less. Where the value saved is small, the percentage must be higher, in order to give adequate reward. In this case the assistance required was willingly and promptly furnished. It was sufficient, but it was an easy service. .Most of the actual labor performed was performed by the crew of the Erin. The Samana did not deviate fronl her voyage, although it would have been to the interest of the Erin to have been taken to Baracoa or Santiago, because there was a dry-dock. Taking all the circumstances of this case into consideration, I am of the opinion that an award of $.4,000 would be just.
L'HoMMEDmu .". THE CARONDELET.
(Diairict Oourt, E. IJ. NfM York. ,November 18,1888.)
84LV4GE-STEAM·SHIP AT WHARF-BURNING LIGHTER-TOWAGE INTO STREAMTENDE:a.
A steamer was lying at a wharf, with steam up, when a lighter Dear by caugM A tug, at the request of the rpaster of the steamer. took her intO the stream, and held her there until the burning lighter had been removed, when abe took her back to the wharf: the whole service occupying an hour and a G. Benedict, Esq., o.f the New York bar.
half. Fifty dollars was tendered by the steamer as compensation for the service. Held that. while the service was a salvage service, the peril of the steamer hau been so small that $50 was a sufficient compensation; that libelant should therefore have a decree for the $50 paid into court, and costs up to that time, less the costlf incurred since the tender.
In Admiralty. Libel for salvage. Libel by Samuel L'Hommedieu, owner of the steam-tug Ceres, against the steam-ship Carondelet. Wing, Shoudy & Putnam, for libelant. Butler, Stillman & Hubbard, for claimants.
BENEDICT, J. This is an action to recover salvage for services rendered by the steam-tug Ceres to the steam-ship Carondelet, under the following circumstances: On the 22d day of September, 1887, the steam-ship Carondelet was lying at the end of pier 20 in the East river, fast by lines to pier 20 and pier 19, substantially ready for sea. At about 1 o'clockp. M. of that day a lighter na.med the "Samuel Baker," lying on the side of pier 20, loaded with cotton, caught fire. The Carondelet at threw off all her Jines, and the tug Ceres, having at the time come to the bows of the steam-ship for the purpose of going into the slip to tow out the lighter, was requested by the master of the Carondelet to take a line from the steamer, and tow her into the river. Accordingly the Ceres took a line from the Carondelet, and towed he,r into the middle, of the river, and there held her until the burning lighter had been removed, when she took her back to her place at pier 20. The time occupied in this service was from one and a half to two hours" all told. It involved no risk of any kind, or extra labor on the part of those on board the tug. The libelants insist that the service was important, and requires a liberal reward. The claimants have malle a tender of $50 as a sufficient award, and have paid that sum into court with costs. The ordinary price for towage by this tug was $10 an hour. No doubt the service was a salvage service; it was a voluntary service rendered to a vessel in peril, and was successful. The amount of the salvage compensation must, however, be largely affected by the extent of the p.eril to which the steamship was exposed at the time wheIi she was towed away from the pier by the tug. This peril is reduced to the minimum by the proofs in the case, which show that at the time when the Ceres took hold of the steamer, the steamer had steam up, and could herself have moved away by her own power in abundant tinw to avoid being set on fire by the burning barge. This is the controlling fact in the case, about which there is little dispute in the testimony, and it reduces the peril of the steamer to such an extent as to renler the offer of $50 made by the claimants, in' my opinion, a. sufficient sltlvagecompensation for the services rendered. The libelant may !>ave a. decree for paid into court, and the costs up to that timet 1es& the costs incurred since the tender.
HAVEN STEAM-BoAT CO. "'. THE MAYOR,
(District Oourt. S. D. New York. October 3, 1888.)
l. COLLISION-MEASURE OF DAMAGES-SURVEY AND SUPERINTENDENCE. The cost of surveying- the injuries done to a vessel by collision, and of su· perintending thJ repairs, when necessary to the economical prosecution of the work. is allowable as an item of the collision damages. A superin tendence on behalf of the libelant and a separate superintendence in the interests of the insurer are, however, unnecessary. and the charge for but one will be allowed. 2. SAME-DEMURRAGE-SPARE BOAT-AMENDMENT OF LlllEL. A ship·owner is entitled to demurrage for the period during which his boat, injured by collision, is being repaired. though a spare boat, belonging to the Same owner, is used as a substitute during the detention.' Amendment of libel to increase claim for demurrage denied, when the facts were known. and the claim as pleaded had been twice before ,verified on oath. and the amendI,: went was not asked till after trial and apportionment of damages.
S4ME-,-WAGES OF CREW.
The wages of crew, necessarily kept On the injured vessel while she ilJrepairing, are also part of the damage. ' ,
"fnAdmiralty. On exceptions to commissioner's report· .' Wilcox,Adams & Macklin, for libelant. Joseph H. Mo.mf!Jl', for respondent.
:BROWN, J. 1. Survey and Superintendence. In making up the damages by collision, the cost of surveying the injured vessel, and of superintendingthe repairs, is allowed when the survey and superintendence are reasonably necessary to the economical prosecution of the work. ,To that extent such charges are incurred in the interest of all concerned. If unnecessary, the charge is not allowed. The Golden' Rule, 20 :It'ed. Rep. 198. F'rom the nature of the injuries to the Continental, it is plain that &; prelimi,nary examination and survey were necessary before commencing those repairs, and a proper charge therefor shollld be allowed. Sawyer 7 Blatchf. 290, 30o; The City of Cht$ter, 34 Fed. Rep. 430. This 8\lrvey, however, did not include specific details of the work to be done. The repltirs weretrJade by day's work. The libelant had a superintendent who attended to the work daily in its behalf, and its insurers sent other'men, who also superintended the work in their interest, and: acted .in .conjunction with the libelant's superintendent.' The libelant paid the,charges of the insurer's superintendents.. The respondent obto on the ground that they acted in the interest of the' insurers, a.ud for their satisfaction only, and were not necessary to the Work,.i It is often-to the interest of the ship-owner, in repairing collision damages"to .conjoin with it other work, or to do the repairs in some other' modecthan in the manner most economical, having reference to the coland in many cases itis a matter of skilled judgment, not easy to determine, just how far the work should extend, or in :what'; way it should be done, to make good the injury, and no more. Constant
by Edward G. Benedict, Esq., of the New York bar.