bare acquiescence upon their part, and therefore they did not owe him any duty in reference to the condition of the premises. The defendants' lease excepted and reserved from the premises demised the use of the premises for,the purpose of loading or unloading coal, and the right to use the premises for the loading and unloading of coal was in the Consumers' Coal Company at the time of the accident to the libelant's boat, and had been for some time previously. At the time of the accident the wharf was by the defendants for loading and unloading building materials, aud by the Consumers' Coal Company for loading and unloading coal. The libelant came there with his boat to unload coal for the Consumers' Coal Company. As the libelant came to the wharf upon the express invitation of the Consumers' Coal Company, the case, upon the facts proved, would be clear against that company, if it, instead of the present defendants, had been sued. But it seems equally clear that the defendants, as occupants of the Wharf, having the general possession and control, were under an obligation to keep the premises in a reasonably safe condition for the use of aU persons who might lawfuBy resort there: and any person lawfully going there for the transaction of business to which the premises were appropriated had a right to assume, as against the defendants and lill other persons in occupancy and control, that the structure itself, and the access to it, were in a reasonably safe condition. Upon this ground, and not because of the covenant in the defendants' lease to keep the premises in repair, the decree of the district court is affirmed.
JLEARY '0. OCEANIC STEAM NAV.
(Circuit Oourt, S. D. New York. December 23, 1889.)
WHARFINGERS-DUTY TO REPAIR.
In an action to charge the defendant for negligently allowing a wharf to get out of repair, the fact that the door and fastening were in good repair when the defendant the right to collect wharfage and cranage does not relieve the defendant froin its duty to keep the wharf in a safe coudition. , .
Motion for aNew Trial. Herman H. Shook, for plaintiff. Wheeler &- Cort,is, for defendant. Before LACOMBE and WHEELER, JJ.
OURIAM. There was sufficient in the evidence to warrnnt the jury in finding that the door or its fastendng was in a condition of disrepair for a 'period long enough to justify the of nf''.T,ligence. The fact, which was quite dearly shown, that the door and fastening were in good repair when the defendant assigned tp the Spanish-American Company the right to collect wharfage andcranage at the piel" did not relieve the defendant from its duty to keep the whad in safe condition.
'XHE JOSEPH LAUGHLIN V. THE JAS.RUMSEY.
THE JOSEPH LAUGHLIN V. THE JAB. RUMSEY.
(District Oourt, S. D. New York. January 20, 1890.)
A tug-boat, going upon signal to the relief of a ferry-boat stranded in a danger. ous position, though not in immediate peril, and lying by her and assisting in getting her off the rocks, is entitled to salvage compensation. The service being short, the labor light, and without danger to the salving vessel, heW, $300 is a reward sufficiently liberal to induce the promptest assistance in harbor cases.
Libel for salvage.
PeteI' S. Carter, for libelant.
Carpente1' & Mosher, for claimant.
BROWN, J. While the ferl;y-boat Jas. Rumsey was on her usual trip from Ninety-Ninth street, East river, to College point, at about half past 11 in the forenoon of July, 1889, she grounded on the rocks at Negro point. She signaled for assistance, and the steamer Sylvan Shore came along-side a few moments afterward8, and took off such of her passengers as wished to leave her. Soon afterwards several other tug-boats came in answer to her signals, and the libelant's tug, the Laughlin, was lJ,ired to remain by her, and give such assistance as might be needed. No price was named. The Rumsey had grounded on the point about amidships, heading eastward. The tide was strong flood. The point was a dangerous one, but she lay easy for the time being; and though upon an immediate examination of the Rumsey it was found that she was not leaking, and so far as appeared r1d not sustained any material injury, her situation was one of nJore or less danger, owing to the very rapid tide, from five to eight knots, and the tendency of the vessel in the rising tide to swing one way or the other, and possibly get again on the rocks, or sufter some twist, before she could be got under control by her own machinery; or, if her machinery should be obstructed in its full working power, she was liable to b(' carried on to Steep (Scaly) Rock on the other side, unless a tug was retained for assistance in emergency. At the time when the Laughlin went to her the case was not one of immediate and present danger, but of a reasonable apprehension of danger, sufficient to bring the case within the line of salvage service. The Plym01tth Rock, 9 Fed. Rep. 413. The Laughlin lay along-side of the Rumsey for about an hour and a half, when, in the rise of the tide, the Laughlin, working in conjunction with the Rumsey's engines, shoved her astern off the rocks, and then, by a line thrown to her stern quarter, checked the of her stern in the strong flood-tide, and brought her to; whereupon she proceeded to College point, and thereafter performed her usual trips during the day. The Rumsey was taking the place of another boat laid up, and, to be safe against all contingencies, the services of the Laughlin were retained during two of those subsequent trips. I can have no doubt, upon the foregoing facts, that when the Laughlin was hired compensation was contemplated by both parties on a salvage