34 F. 922 | E.D.N.Y | 1888
This is one of several actions for salvage instituted in this court to recover for services rendered on the occasion of the disastrous fire that occurred at the pier of the Morgan Line of steamers in the North river, on the 28th day of February, 1887. The fire seems to have broken out on a lighter lying at the end of pier 37. On the south side of that pier lay the steamer Lone Star; on the north side of that pier lay the vessel’ here proceeded against, the steamer New York, with a full cargo on hoard, consisting of cotton, wine, and other goods. When the fire broke out a strong wind was blowing from the north-west, in fact, a gale. Pier 37 was covered by a shed, the front doors of which were open, and which was full of cotton, piled 20 feet high. The consequence ■was that the fire, fanned by the gale, spread with great rapidity up the pier, so that not only the cotton in the,shed, but also the shed, the pier, and the Lone Star herself were consumed. The fire came so fast as to drive the firemen off the pier, and compel them to take refuge on a tug. According to one witness, it came up the pier towards the New York nearly as fast as a man could walk. When the fire broke out the steam-tug Jason, seeing it, at once turned back from her course, and pushed into the slip for the purpose of towing the New York away from the burning pier. The master of the steam-ship hailed her, as she came near, to take a line from the steamer, which was promptíy done. The Goodwin, a more powerful tug, had laid up for the night in that slip,
A more serious question of fact, and one which must largely affect the amount of the award, is whether the two tugs that saved the steamer were the only tugs present able and willing to render the service. On the part of the libelants the contention is that, when the Jason arrived on the ground, there were tugs about the mouth of the slip, but none of these dared to go into the slip. It is therefore insisted that hut for the services rendered by these two tugs that did dare, the steamer would certainly have been destroyed. The evidence no doubt proves that other tugs arrived off the slip before the Jason did, and that no tugs save the. Jason and the Goodwin went to the aid of the steamer. Rut the evi
Of the cases cited by the claimants in support of their contention that $1,000 is a sufficient reward for both these tugs, it is sufficient to notice the case of The Gallego, 30 Fed. Rep. 271. That is a case where the same-owners who are claimants here were there the salvors, and were awarded by this court the sum of $25,000 for taking the Gallego into Havana. That case does not seem to me authority in support of an award of $1,000-in a case like this. One important difference between the two cases is the extent of the peril. The fierce flames on the pier, approaching the New York nearly as fast as a man could walk, have no parallel in the case of the Gallego. The Gallego, if not fallen in with, would in all human probability have been lost; but she had a reasonable chance of being fallen in with. The chance open to the New York was for a few mo--