'tIrE HATTIE PALMER.
and for the purposes stated was not an unlawful obstruction of the slips below; and the Medea was acquitted of fault. and the Idlewild held for lack of sufficient care.
Libels were filed in this case by James N. Williams and Annie M. Handran, respectively, against the steamtugs Medea and Idlewild. The libelants were the owners of two canal boats, which had been -damaged by collision. Hyland & Zabriskie, for libelants. Robinson, Biddle & Ward and Mr. Hough, for the Medea. Wing, Shoudy & Putnam and Mr. Burlingham, for the Idlewild. BROWN, District Judge. Considering the usage of many years, and that no existing regulation is shown to have been violated, I think the Medea was not in fault for tying the top of the tow at the Red Star Line pier, for the distribution of the various boats as usual; and that the difference in length between the Red Star pier and the piers below, viz., about 108 feet, left, in mild and with a west wind, a reasonable provision for the exit of b0ltts between the tow and the slips below. The passage by the Medea without difficulty, though more heavily incumbered than the wild, while the Idlewild and C<>xsackie were still at the end of the wharf, seems to me a very conclusive corroboration of the above; and shows that the collision, though slight, is due only to the lack of necessary care by the Idlewild, or perhaps the lack of necessary xperience on the part of the young man who alone in the w was managing the wheel and the signals. I must, therefore, hold the Idlewild, and exempt the Medea. The damages are so small that they ought to be agreed upon, with,out the expense of two references.
THE HATTIE PALMER. HAWKINS v. THE HATTIE PALMER. (District Court, S. D. New York. October 22, 1894.)
:SUIPPING-NONDELIVERY OF FREIGHT-CONVERSION,
The steamer H. P., making daily trips between New York and New Rochelle, took some barrels of freight for delivery at City Island.. On touching there, no person being in readiness to receive the barrels as usual, or to pay freight. the steamer retained the goods on board, and sent word to the consignee, whose place of business was about 200 yards from the landing, to come for them the next day, which notice was received by the consignee. The next day, no one appearing, the goods were still retained on board, and on the follOWing day the steamer was arrested on this libel for conversion. The Wharf was not a safe place to leave the goods unattended, and the vessel was always ready to deliver the goods on payment of freight. Held, no conversion, and the libel dismissed, with costs.
This was a libel for the alleged conversion of goods which had been shipped upon the steamer Hattie Palmer.
· THE VILA..
THE VILA. MUNSON v. THE VILA." GIERTSEN et alP v. SAME. (District Court, E. D. New York. September 6, 1894.)
SALVAGE-RIGHTS OF CHARTERER-WAIVER.
Goodrich, Deady & Goodrich, for Munson, charterer. Wing, Shoudy & Putnam, for Giertsen et al., master and crew. Butler, Stillman & Hubbard and George Cromwell, for cargo. BENEDICT, District ,Judge. 'These two actions are brought t() reCOVier salvage compensation for services rendered to the bark and her cargo by the steamer Breidablick on August 30, 1893. The Breidablick was a steamer under charter to the libelant, MunsoIJI.. At the time of the rendition of the salvage service she was bound 0 New York, where, upon her arrival, her charter would When nearing New York on her regular course, the Breidablick fell, in with the bark Vila, a derelict, about 40 miles from shore, on the afternoon of August 30th. The wind at the time was very light, the sea calm enough to permit the sending of a boat's crew to the derelict. The derelict was found to be apparently sound in her hull, with 24 or 25 inches od: water in her. She had a cargo consisting of rags and bones. The Vila's own hawser was taken on board the BI1eidablick, and the Vila was then towed to New York, where sbe arrived at the Highlands about 8 o'clock on the night of August 31st, and at 3 ,o'clockthe next morning was anchored off Quarantine, Staten Island. The weather during the time was always' favorable, and no damage of any kind was sustained by the steamer in rendering the service. The Breidablick did not deviate from her course, but was detained about 24 hours. The Vila was no doubt in some danger. She was a derelict in the Atlantic ocean. She was, however, leaking but slightly, was in no danger of foundering, and was capable of remaining afloat for an indefinite time. The cargo was not of a perishable nature, and she was in the general track of vessels passing between southern ports and New York, far enough from the shore to be in little danger from that source, and where it almost certain that she would be sighted in a very short time by some (If the numerous vessels at all times passing there. In her condition and position she was a source of danger other vessels. The charterer, Munson, has filed a libel, claiming to be entitled to