the. first; aBsistlmd! offered, ',Ifas the ship,:: during houts-,. had only;tirrBJdBill:16 miles, in.: calm· weather; .and the' first' amdseoond engineers declared it would not be advisable to make more revolu" tions,. : If' axbd also ,that the repaired $haft . 'might again break." ','. she signaled the steamship Normandie, bound to York, but· assistancer:was refused her, and she proceeded slowly. On April' 1st the to the shaft gave waY,and the· ship, lying in the trough of the sea and rolling heavily, became helpless. About 12 hours afterwards she signaled the steamer America, a steamer of the National Line, bound to London. At her request the America lay by her, the' heavy weather making it impossibleto:make untilf\pri13d, towline was made fast, and the America proceeded to tow the Hekla towards Halifax. Meanwhile, an' att-em:pt to again' repair 'the thrnst shaft was being succeede.d in enabling steam to be used.,At the remade, questot"fhe Hekla the America then:ehanged her course for New York, , th'e'.engineof rtheHeklaassisting at moderate speed. On Aprillth th'e repairing to the shaft ag'll'i.'n and .the engines of the Hekla stopped. For the third 'time, repairs to the shaft were ul:li!lertal}en, tAe to New York,.,' OIl Aprll.7th, wheu',tb;esteamarhad pilot ground, the i·epaiNNo the shaft weteicompleted;but the Hekla did not con. .,.w ,.u*til 'aft.e.r.. .. ' i!ot ken h.. . .. Wh.iCh was on ne.ct b:er.. . the the used her steam until the towing lines of the America were ,filIally cast. off, near the Sandy Hook light, and .went up to Quarantine ,under her own America proceeded to her wharf in New York,took)n'f!resh coa',an:d fodder,9J1dshortlyafter resumed her voyage forL6ndon; having disburs&4fbr port bills, $3,681.05. Much of the time during the rendition of this B.0.r.v,lce· by Jl:ill.f;\dAIl)eljica :,the ,weather was heavy:; part of the time tbe wind. blpw;iflg;a gl:lJe,.in which the Hekla's. line parted. The Jlekla was in., sAort of,proyil3ions,.and was supplied with beef; milk;I;}:n),tter,etc'j' by the AmeriQll. The value of the Hekla, in her condition on arrival, was $70,000; the value 'of the cargo of Ohicago exhibits, $90,400; the value of sundry merchandise, $52,900; rendering the total amount 'subject to salvage $213,300. The value of the America was $2·00,000; and she had a cargo valued at $248,000, and freight amounting to $13,510. That a meritorious salvage service was rendered by the America to' the Hekla'is' hot but the claimants insist that a very be allowed, ,upon the ground that the Mt \ilSaplecrb,the breaking of her thrust shaft and only req\'1ired exped.ite her progress. This propoSition is b3;sed Hekla's shaft was repaired, and able to >wotk;by :New York. Reference'is made ttAhe case navigated: safely into, ! port, a hiiles', with 'ffJ:l1ended shaft,withdUt assistance; agree that this is a case of ttccelerationt !ftlr' while it is true- !tb'at the'Umbria was· navigated
THE MARY FREEL-'ND.
in safety, with a repaired thrust shaft, nearly the same distance as was navigated' by the Hekla, and while it, is also trfie that in this instance the Hekla's thrust shaft was repaired three times, still this does not satisfy me that the delay was the only danger to which the Hekla was exposed. How long the Hekla's shaft, as finally repaired, would have endured, cannot be told. Each time that it was repaired before, it broke; and it appears in evidence that her owners-having, 011 her arrival in New York, an opportunity to ascertain the nature of the repairs made to the shaft-became satisfied that it would be unsafe to send her home again in that condition, and accordingly detained her in New York until a new shaft could be brought out from the other side. This shows, as it seems to me, that in the opinion of maritime men a steamship on the ocean, with her thrust shaft broken, is to be considered in a position of peril, although the shaft may be repaired on board. The officers of the ship thought her in peril, for, although they had repaired the shaft, they determined, in council, to take the first assistance that should be offered. In view of the character of the property saved, the number of passengers on board the Hekla, the peril to passengers and to cargo, the constant exertion put forth in rendering the service (the master receiving severe injury in its perform'ance), the skill displayed in the towing, and the successful result of the effort; considering, also, the value of the pr(}pecty at risk, the value of the salvingveflsel, .and the resulting delay of 12 days,-I am of the opinion that the sum of $30,000 is a proper salvage compensation. To this sum I add the amount of money actually expended by the America in recoaling, etc., in New York. The America, at the time of the rendition of this service, had on board 160 head of live cattle, which she was transporting to London. The owner of these cattle has intervened in this action, and claims to be entitled to share in the salvage award because of the fact that the detaining of his cattle on board the America during the 12 days that she was engaged in the rendition of this salvage service caused injury to his cattle. But the case of this shipper is similar to that presented to this couct in the case of Goldsmith v. North German Lloyds, 2,3 Fed. 820. The decision in that case compels the dis-missal of the petition. Following that decision, the petition of the interveners is dismissed, but without costs. Let decrees be entered in conformity with this opinion.
THE :\IARY FREELAND.
DAILEY v. THE MA.RY FREELAND. (District Court, E. D. New York. July 11, 1894.)
A schooner, broken from her moorings, and drifting through Hell Gate, was boarded by men In a rowboat, who carried a hawser to the