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
the sal.vage. It appears that his charter pr6vided that he should pay port charges, pilotage, agenCies, and commissions, the owner pro"Viding and paying for proviliJiQnl;J!at).d wagl:!S, consular, shipping, and discharging fees; and it also contained the following clause: "On account of the perishable 'natlire of the'dirgoes that this ship is intended to catry,sheisnotliU6wed to step to pick up any wreck, or in any way assist or tow anyy,eiJsel, espec,ialJs.whenJ;>y so. doing she'i$' be detained/' <For delay of the steamer 24 hours the Ci):4fteter Paid the s4ipowneratthe rate, $68, together withl28'J9r eight tons of.coal.· such a clause in the charter party amounts to a WaIver of for salVage 11 the part of this charterer, if such claim existed. He would prevent the'irendition of salvage the mercifp.l of a, ,deviation for the purposeof Saving life, and he secured to himself' lit. right action against the must be. The libel of '18 and WIth costs; in behalf of the'-vessel, and the praceMs' ofhel' sale baviIl)t'beeneaten: up in expenses, the is as to amoun,t ?f salvage to be paid by tlietrefght and,cargo.. The freIght has'1Jeen valuf'd at $494.17, and. ,"tIM', cargo Taking all. the circumstances into I ai;nof the opinion'thata suitable salvage compensation' the services. rendere(i in' tOWing in this dangerous dere·' Hct wOlit<i be $3;OQl). as there has been no appearance for the freight, the ,whole of thefl'eight, $494.17, may be awarded to the. salvors, and; deductip.g that from $3,000, leaves the sum of be pai,d' by the cargo.
(Dlstrlct,Court, N. D. New York.
October 19,1894.) in adml,rRlty courts, and dis-
Cla.ims· for wages are highly charges are not justified for tIl'lvial
was employed as mate of the the sUtiJ,rnfr of 1894. The steamer made excursiOi,l,.t;ips fr91l1' Buffalo to points on the Niagara river. The libelant ,Wail em.ployed May 8,1894; He was discharged July 15, 1894. ' . .
. Both thllt be by the claimant. but there isa dispute JIS to th.lil date when this agreement took effect. 'the steamer did not begin her regular trips 'until' :rune 9, 1894. The libelant contends that he wlUiC;entitled eW be paid tbr:.JlI.ts board for a month froJ;!1 May 8th to June9tb,,81thouglrithe crew had .:not been assembled and those that were employed were only ljDifaged in fitting the vessel out Jor the, summer's business.. The claimantiJ;lSlsts that the agreement to 90ard tbecrew commenced when the. stealIler. began' running 011 June 9. 1894.' The claimant also insists that: tbecEmtrMt'was not by the month but by the day "at the rate of $65 per month," and that the libelant is only entitled to a per diem com-