378·
FEDERAL REPORTER.
THE' CARLOTTA.·
KING '11. THE CARLOTTA,
etc.
(Dutriot CQurt, E. D. NeW ·York.January 28, 1887.) l. 1rIA.RITIuLIElNs--cSIllA){AN'S W.AGES-SAIJ,.ING·YAI!TER.
2:
.
A sailing-Plaster has a lien for his wages. .
BA:ME-.-NllIGLIGENT DISCHARGE OF Ih1TIES-DISRATING.
Where libelant, sailing-master on the yacht C., brought suit to recover hi. wages as such, the defense being that he h.ad performed .his duties in so neg· lige.Qt a manner that his rate of wap:es should be the. rate paid a common sea.man, it was held that, though he had performed sowe of his duties in a negligent manner, it was not such negligence as should reduce his wages to the rate claimed by the defense. . .
8.
On the evidel;l()e, held, that libelant was Dot entitled to recover his traveling expenses.While going to and returning from the yacht.
EXPENSES.
!n Admiralty., Frederick for libelant. Carter « Ledyard, for claimants.. , .t... '
BENEDICT, Ji. i This is an action instituted by the libelant to enforce a lien against the yacht Carlotta, for his wages as sailing-master, and for his tl1l,Veling expenses while going from Boston to the Delaware breakwater to join the yacht, and while returning to New York from Fernandina, the his discharge. There is n6 dispute as to the time that· the libe)ant served on 'board the yacht as sailing-master, or as to the rate Ofwages at whichhe'shipped. The evidence furnishes no foundation for the claim,·so far as the: expenses of traveling are concerned. The' only question claiming relates to· the olaim. for wages. Attne time oIthe libelant's discharge at Fernandina, the owner of the yacht; who was also her mastel', tendered the libelant wages at the ride paid a common seaman; and he now contends that the rate of wages sl'roula be'the rate paid a .comtl.1ohseaman, uPOll 'the ground that the libelant was not competent to dis<;lhal'ge the dutiesofasailing-master, aad that he' was tatelesE! arid' negligent in the performance 'of those duties. Upon the evidence there is no room to contend that the libelant was incompetent to discharge the duties of a sailing-master. The proof is clear that he has often discharged those duties in a proper and seaman-like manner. But it is said that, if the libelant knew his duties, he neglected to perform them. The defense in the end came down to the proposition that the method in which the libelant kept his log deserves punishment by a reduction of his wages to the rate of It common seaman. It is evident that the libelant in entering the dead reckoning in the log made entries that were untrue. That, to use the expression of one of the witl1esses, the log I
Reported by Edward G. Benedict, Esq., of the New York bar.
THE' CASSANDRA ADAMS.
1,379
"was cooked tn the·filattel' of the dead reckoning entries; and 1 confess'to surprise that a m8steras oompetentasthe libelant is shown to be should 'havekeptsuch a log ashe'did. But no damage resulted from this careless and reprehensible way of keeping the log,and it seems to me to 'put the libelant in the grade of a common seaman,as 1;() his wages, for .thisnegleci, would be severepuniRhment. ;He win, in my opinion, be sufficiently punisl,l.ed for having been com'pelledto anefor his wages,and by refusing him costs. . , He may have a decree for his wages at the rate mentioned in the articles, 'Withoutcosts,for I entertain no doubt as to the right of a sailing-maSter toa lien for wages. The libelant was not master of the yacht. He had 'nd oontr61over the voyages' of the vessel, nor authority to buy supplies. .Hisflltietions were confined to the navigation of the ship, and those he fperfdrnled under the, direction of the owner, who was the master. I
?;EBO "
and others "". THE
CASSANDRA
ADAMS, etc.
(DiBtriot (Jouri,E. D. New York. March 14, 1887.) The bark Cassandra Adams;loaded with ore. went ashore on the Romer shoal, oft New York harbor, two hours before hil!ih water, Friday afternoon, and was unable to clear,herself. She hired a pilot,boat to fetch her a tug. T,h,ereafter, the tug B. coming to her. she agreed to pay the tug $500 if unsuccessful, and $800 if succellsful, in getting her oft the shoal. Meantime the pilot·boathad found ana sent the tug H. to the bark about 11 o'clock that night, and on the following'morning the two the bark off the shoal. only have been taken ,off at high water; ·The next high water after She she was taken 'off Was Saturday night., During Saturday the worst storm of the season was brewing. If the bark had not rescued Saturday morning, she would probably have bf}en entirely lost, or would had to pay a heavy salvage to a tug taking hei- off in the gale.. It was doubtful if the tU$ B. could have saved her alone. or if another tug would have come to her assIstance in time. The bark and cargo were worth $200,000. 'The tug H. was worth $26,000. She was in no danger, nor called on for extraordinary skill or unusual exertion. HeW, that she should recover $3,500 all salvage. ASHORE-J:M:i.ENDING GU,E-lb:sOUE BY TuG.
In Admiralty. Butler, Stillman & Hubbard, forlibelants. Owen .& Gray, for claimant. BENEDIC'1', J. This is an action to recover salvage of the bark Cassandra Adams,.her cargo and freight. This vessel was rescued from the place where she had grounded, upon the Romer shoal, off the harbor <» New York. Her draught was 19 feet 9 inches forward, and 20 feet aft. She wept ashpre two hours before high water,,on Friday afternoon, " ,
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