THE LUCY P. MILLER.
Brooklyn. Had this practice been followed in this instance. the evidence leaves no doubt that the vessel would have been berthed in New York before she reached her berth in Brooklyn. Such a practice is a reaBQnable mode of enabling consignees to save themselves from the extra expense of a discharge elsewhere. and outside of the customary limits; and where such a berth in fact might, upon inquiry of the consignees, have been found within a reasonable time, had notice been given to the consignees of the inability of the ship to find a berth, and of the proposal to go to Brooklyn, it is the ship, and not the consignees of tea, who ought to pay the extra expense of going there, whatevermay be the venience to the· ship, or to the consignees of other goods that the. ship may have chosen to take on board. Decrees for the libelants in both cases, with costs.
v. THE LuCY P. MILLER.
(District Court, S. D. New Yor1c. October 21, 1891.)
SALVAGE-STANDING BY VESS:EL 4GROUND.
A steamer ran aground· in the East river. near Hell Gate, early in the evening, during a dense fog. Her master signaled for help,and libelant's tug went toherassilltance, and lay by her all night, most of the time pumping to keep down the water in her hold: No other tugs appeared during the night, thongh distress signals were occasionally sounded. It was important for the steamer to have aid at hand during the night, in case of emergency, and to keep down the water in her hold. Iii the morning,when the fog lifted, other tugs camel and all together took the steamer off the rooks to a place of safety... The value. 01 the steamer and her cargo was about $38,000. .Held, that the service of the tug was a Salvage service, and she was allowed (the other claims being settled) an award of '750;
In Admiralty. Suit to recover salvage. Peter S; Carter, for lloelant. Goodrich, Deady &- Goodrich, for respondent. BROWN-,J. Early in the evening of April 15, 1891, the steamer Lucy P. Miller, in going east through Hell Gate', against theebbLtide, just .after she had passed Hallett's point. was caught by a sudden and dense fog, and ran aground close to Hog's Back, heading nearly parallel therewith to the eastward. It subsequently appeared that she had run in between two rocks, which crushed in her bottom, and made holes forward on each side about six or eight feet from her keel, through which she made water rapidly. Her master sounded signals for help, and the' libelant's tug, H. W. Temple, which was lying llt anchor'fat Astoria response to ,the signals, went to the Miller's assistance, reaching .her about 8 o'clock 1>. M. The tug was ,.fitted' up ",ith the usual wIeck, .. (.. 'J" · .
"RePorted by Edward G. Benedict. Esq., of the New York bar;.
ing pumps; 'and lay by the Miller all night, most of the time pUItlping. for the purpose of keeping down :the water ill the hold. The Miller had So cargo of mixed merchandise. The. cargo in the lower was merged, but'littleof the cargo betwe"D decks was wet. Signals were oc, casionallYSonnded during the ,night; but no other tug came near until early the next morning, when the, fog cleared up, and the steam-tug was called into assist. The Temple was not able Fuller, aIoneto: clear the hold of water, although it was claimed that she reduced its height in the ship. The Fllller was a larger vessel, with larger pumps, and the two together soon pumped out the water. They, were easily able to keep her free'of water,so tbaton the following flood, at about 3 P. Mo, she was bauled off, with the assistance of tW() other tugs, and taken to pier 49, where sbe was discharged during. following nigbt. The claimant, having settled with the otber tugs en!1:aged, contends tbat the libelant is entitled only tQ a compensation by the hour, but slightly above that of an ordinary towage service. It is urged that the Temple's services were of no actual benefit to the steamer; and that at the moment when the steamer was hauled off the rocks the Temple did not have hold of her. The last circumstance is true; but only because, at the moment whehthe other tugs were preparing to pull the Miller off, the Temple, in accordance with the orders of tbe master of the Miller, was moving around from her port side to her starboard side, where she joined with the others in taking her to pier 49. Tbe seryice was, I think, essentially different from a towage service, and is not to be compensated for upon that basis only. The place where the Miller grounded was one of the most dangerous in Hell Gate. Her precise position and the precise danger could not be, known in the <lense fog. The libelant thoUght there ,danger of her rQIling over to starboard, as the tide went'Gown; but, as it subsequently appeared that she was restinguponropks on the starboard side e,1s0, thl1t danger did not exist. But the approach to a vessel in that position through a dense fog, and in a powerful tide-way setting upon the rocks of Hog's Back, was itself a matter attended with some danger to the Temple; and, though skillful and careful mamg!3ment might doubtless avoid injury, as the is by no meaus to be overTemple avoided it, still this element of ·l()o1<::ed, cirC9!DEltances;and the fact that no other tug reto the signals Whi]e;the ,fog lasted is significant. The Temple 1111gbt, no doubt,have pulled the Miller off the rocks; but she alone not handle her in tide, and the fog made it impracticable t9do anything more Temple did until the fog cleared, and the qther vessels came up, on, day. In the meap time, howit was important, Miller should have a tug b;V her ,to keep tbewater downas,.much all possible, and to be ready to give her assistJJDOO in any emergency ' This service the. Temple ren"dered promptly, and, as I b.avesaid,not lYithout some danger and diffi· culty in the denee fog; ,l1qd,she was c()nstantlyd the service oUhe, master of the Fuller. Without referring to other details shown in the testimony, and considering that the value of the vessel and cargo was
CABROLLtI. WALTON Ie' W1'IANllf 00.
about, equal, amounting altogether to '38,000, I allow to the libelant $750 against both,-one-third to go to the' officers and crew of the tug inpt'oportion to their wages, .the other two-thirds to her oWJlera,-with
CARROLL fl. WALTON
(DlBtrlct COlt"' D. Delaware. September l19, 189L)
hnfOJPAL AND AGEN'l'-8COPB OP AUTJIORITY-PttROJIASB THROUGH BROKERS.
AWtlmlngton firm empowered certain New York brokers to purchase a cargo of "refuse salt" equal to a sample received from the latter, the cargo theJl being 1JI. transit from Canada. The purchase having been made1 the 8ellers billed the article' to the purchasers as "salt-cake," which is an entirely altrerent article. The latter notified their brokers of the mistake, who presented the matter to the sellers. The latter. assured them that the salt was like the sample, which representation they telegmphed to the purohasers. The cargo having arrived in New York, the purchasers requested the prokers to examine it, whioh the latter refused to do, becaull8 they were Ignorant of. the difference between the two articlello Thereupon the purchasers wrote them that the matter appeared to be straight, and ordered them to .ecure a and forward the salt in it, which was done; but on its arrival the tlole waS found to besalt-cake, and the purchasers refused to receive it. Hel.d, that the brokers acted within their authority, and an injury having resulted,to the boat from the acids in the salt-cake, in consequence of the delay caused by the refusal to receive it, the purchaseR were liable therefor, as well aa for freight and
In Adtniralty. Libel in personam by Thomas Carroll againattha Walton & Whann Company. Hyland' & Zabriskie, fur libelant. Btnj. Nttlds, for respondents.
WALES, J. The libelant sues to reeover freight, llnd damHis claim is founded on a charter-party, which reads as follows:
"JUNE 11, 1889. "We have tbls day cbartered for our principals, the Walton & Wbann Co., Wilmington, Del., the steam canal-boat J. H. Taylor, to take about one bunin bnlk frum the canal-boat dred and sixty-five (165) tons of refuse W. E. Durye-d. at pier 6, East river, to the works of the Walton & Whann Co., Wilmington, Del.. at the rate of one dollar (81.00) per ton of 2,240 ebarterers to load and discharge boat, and captain to trim boat, to insure well, vessel to be loaded wH.h eustomal'1 dispatch. , ..HELLER t HmsH & Co·· "S. G., "Agents.
"WH. DENNY, -f'hf'(» Hr. Dsnng. 10 South St.·
The Duryea's cargo, which had· been purchased for the defendants by their agents, Heller, Hirsh & Co., was taken on board of the Taylor, and urried to Wilmington, where the libelant reported his arrival and