215 F. 897 | 2d Cir. | 1914
The libel was filed to recover for salvage, towage and repairs. The court awarded the libelant $1,054 for towing and for saving the barge Jupiter, chartered to the respondents, which, with a cargo of pyrites cinders, was frozen in at the Metal Works dock in the Hackensack river. The tugs Mary Ann and Emma
This was not a usual towage contract; there was danger from the ice and the owner of the tugs realizing this, expressly stipulated that if the boats were caught in the ice he would expect to be reimbursed for the extra risk and for such damages as they might suffer. The questions were of fact and the judge’s findings, upon controverted testimony, should not be disturbed by this court. We do not think the libelant is entitled to interest except from July 31, 1911, this being the date when the libel was filed and the date from which the respondents admit the interest should run.
The decree is amended by the deduction of the excess of interest and as so amended is affirmed with costs.