THE THOMAS HILYARD.
1015
2.
SAMK-AsSAULT BY FIRE BOAT-ADDITIONAL AWARD.
$100.
When the master of a tug which was assisting in putting out a fire on a lighter was assaulted by means of a!Jtream of water from a fire boat, and injured, held, that he should receive an add,itional award of
In Admiralty. Various suits by the owners of 17 tugs to recover salvage against the Helen F. Robbins. The suits were consolidated on motion. Decrees for libelants. Wing, ,Shaudy & Putnam, for libelants. Carpenter & Mosher, for claimants. BENEDICT, District Judge. An examination of the evidence produced in these causes has led me to the following conclusions: I am of the opinion that the sum of $2,000 is a proper salvage award to be paid by the lighter and her cargo. This sum should be apportioned as follows: 'I'o the tug Sadie E. Ellis and the tug Philip Hoffman,-these two tugs being the first tugs at the fire, and by whose exertion the burning lighter was removed frolll the slip into the stream, where the other tugs could have access to her,-the sum of $200 each is awarded. The evidence does not enable me to determine the relative value of the services rendered by the other 15 tugs who threw water upon the lighter and her cargo after she had been towed into the stream. I therefore find it impossible to make any discrimination between these 15 tugs, as to the value of their services. To each of these tugs, therefore, I award the sum of $100. And I award the from of $100 to the master of the James T. Easton, who was assaulted by means of a stream of water from a fire boat, and so injured as to be confined to llis houee for four weeks, and put to an of for lllc'd· ical attpud&nce. It would seem that attacks of this are coming to be a peril incident to the renditipn of salvage services to vessels on fire in this port, and, if so, must be considered in til"termining the amount of the award. The sum awarded each vessel will be distributed as usual,-one-half to the owners, and the rest divided among the crew in proportion to their wages; and the costs of the proceeding must be borne by the claimants.
THE THOMAS HILYARD. TU'rTLE et a1 v. 'l'HE THOMAS HILYARD.
(District Court, E. D. New York. March 7, 1893.) SALVAGE - TOWING BURNING LIGHTER FltOM VESSEL AT WHARF LA'l'TER. SERVICE TO
While celiain tugs were towing a burning lighter out of a slip, the lighter came in contact with the side of a ship, also lying in the slip. 'rIle lighter having been towed away from the slip by the tugs, this suit was brought against the ship on the ground that the removal of the burning lighter from proximity with the ship was a salvage service to the latter. Held, that the ship was in no substantial danger, as the lighter was at the time in charge of salvors, who were entirely competent to remove
1016
FEDERAL REPORTER,
vol. .155.
her before fire conld catch on the ship; and also the removal of the lighter was a necessary part of the salvage service which the tugs were rendering to the lighter, and for which they had instituted suits against the lighter. The libel was therefore dismissed.
In Admiralty.
Libel for salvage. Dismissed. Stewart & :M"acklin, for libelants. Wing, Shoudy & Putnam, for claimants.
BENEDICT, District Judge. This is an action instituted by the owners and crew of the steamtug Hoffman, and the owners and crew of the steam lighter Josephine B., and the owners and crew of the steamtug Jas. T. Easton, to recover salvage compensation for services rendered to the ship Thomas Hilyard. The facts are these: The Thomas Hilyard was lying at a pier at Harbeck Stores on the south side of the pier, bow in, when a lighter lying at the bulkhead, and having on board over 400 bales of cotton, caught fire. The tug Philip Hoffman and the tug Sadie E. Ellis and the tug Josephine B. commenced to tow the blazing lighter. As the lighter was moving, her guy rope caught upon the ship, and she was held close to the ship for a few moments. After being towed free from that position, the lighter again came in contact with, the quarter of the ship. Being towed free from this position, she passed on. The claim of the libelants is that the ship was in great peril of catching fire from the burning lighter while alongside of her, and, inasmuch as the lighter was towed away from the ship by these tugs, they are entitled to be paid a salvage compensation by the ship. Assuming that it was not by the fault of any of the tugs represented in this p:coceedingthat the lighter came in contact with the ship, and assuming that the ship would have been set on fire by the lighter if the lighter had not been promptly removed from the side of the ship, yet I am of the opinion that the ship was in no substantial danger, because the lighter was at the time in charge of salvors who, as the result shows, were entirely competent to remove the lighter before fire could catch the ship. Moreover, the lighter, at the time she was in contact with the ship, was being towed by these salvors. The removal of the lighter from alongside the ship was a part, and a necessary part, of a salvage service which the tugs were engaged in rendering to the lighter, for which service they have sued the lighter. Under such circumstances, I am of the opinion that they are not entitled to claim salvage from the ship, Let the libel be dismissed, but without costs.
THE PORTIA.
1017
TILE PORTIA.. THE FAIR WIND. REED v. THE PORTIA. NEW YORK, N. & H. STEAMSHIP CO. v. THE FAIR WIND. (District Court, E. D. New York. April 12, 1893.) COLLISION-STEAM AND SAIL MEH:TING-CHANGE OF SAILING VESSEL'S COURSE.
A collision occurred in Long I:-:land sound, by night, between the steamer Portia, bound west, and the scllOoner Fair Wind. sailing east, On the evidence the court rejected the story of the schooner, that the steamship was first seen to afterwardOi passed to leewal'd, and then suddenly changed again, throwing herself across the bows of the schooner, which had a[\\ays held her course; but the court found, on the evidenee, that the steamer, having seen the light of the schooner in season, was properly maneuvered to avoid her, when her efforts were thwarted, and the collision occasioned, by a luff on the part of schooner. Briel, that the latter was in fault for the collision, in failing to hold her course.
Cross libels for collision. Butler, Stillman & Hubbard, for The Portia. Goodrich, Deady & Goodrich, for The Fair Wind.
BENEDICT, District Judge. The collision between the schooner Fair Wind and the steamer Portia, out of which these actions arose, occurred at a point off Eaton's Neck, in the center of Long Island sound, between 10 and 11 o'clock P. M., on July 30, 1892. The night was dark, sky overcast, and at times it was raining. The schooner was bound to the westward; the steamer was bound to the eastward. 'rhe wind was about east. The vessels came together at right angles, the schooner's bowsprit bringing up on the port bow of the steamer, then swinging under a port helm. I find it im· possible to reconcile the conflicting statements given by the persons on board the respective vessels. Of the two theories put forth, one must be rejected. Aocording to the testimony from the schoon er, the steamship when first seen was to windward of the sf·hoonel', Afterwards she pa£sed to leeward of the schooner, and then, by a sudden change under her port hl'lm, wlwn she was perhaps two points to leeward of the schooner, and close at hand, she took 8, course which brought her across the bows of the sl'lllloner, the schooner having held her course without rhange. According to tIll' testimony from the steamship, the steamship was never to lpeward of the schooner, but always to windward of the schooner, thE: courses being nearly opposite. The red light of the sehooner was seen by the steamer in time to give abundaut room by p())'ting-, and the steamer would have cleared the schooner had not the schooner luffed as the vessels drew near eaeh other. If the steamer was always to the windwar(l, aud never to leeward, of the schooner, the conclusion that thl-' t'll'1lOonpr lllffpd would Dl'cessarily follow, for the steamer was swin:-'';l'l{ to wind ward. The schooner admits that when first seen the Hteamer waf!