42 F. 913 | U.S. Circuit Court for the District of Connecticut | 1890
These are two libels for salvage. The first named is in rein, against the steam-boat City of Worcester, for salvage for saving the vessel, and the second is in personam, against the owner of the vessel, for salvage for saving the cargo, the service having been rendered at the request and for the benefit of the respondent.
The facts in the cases are'as follows: The City of Worcester, a Long Island Sound iron passenger and freight steamer, of the value of $237,-500, having 50 passengers on board, and a cargo worth $100,000, upon which the freight money was $601, struck upon the south and west parts of Bartlett’s reef, near the entrance to New London harbor, about 1 o’clock on Sunday morning, January 12, 1890. The night was very foggy. No lights could be seen. The vessel was going very slowly under one bell. The tide, was flood. She was a fine steamer, was built in 1881 at a cost of $420,000, was and is owned by the Norwich & New York Transportation Company, and was regularly running between Norwich, New London, and Now York. She lay upon the reef from her bow to her after gangway. She was drawing about 13 feet forward, and
Bartlett’s reef is a dangerous place for a large steamer to be stranded upon. The injuries which the Worcester received cost $34,000 or $85,-000 to repair; During the rough weather. of Monday the boulders ground two additional holes in her iron covering. If this weather had been repeated during the week that she lay upon the rocks, other damage would have been caused, and the difficulty and expense of getting her off proportionally enlarged. The reef is continually exposed to rough weather or storms in winter. It is not likely that an iron steamer would have gone to pieces, or have been broken in fragments; but the danger was that continued bad weather would have so increased the injuries that the expense of getting her off would have constantly increased, while her value was constantly diminishing. Both salvors and owners were fortunate in having favorable weather, which enabled the work to go on speedily and prosperously. Capt. Scott’s opinion in regard to the prospects of success in the enterprise was a summary statement of the actual situation: “The chances were all owing to the weather. If the weather was good, we would get her off. If it was not, we wouldn’t.” Scott’s steamer Alert struck upon the reef, and was compelled to undergo repairs for two days. The Merritt struck upon the rocks, but was got
The services in saving the cargo were valuable, but were, in consequence of the exceptionally fine weather on Sunday, without danger,— were easily and quickly rendered. ' For these services the sum of $1,218 should, be paid the libelant, of which $218 has been paid, leaving the sum of $1,000 due.
An important element which. enters into the determination of the amount due upon the libel in rem is the fact that each salvor is the owner of a valuable plant, which is constantly ready for service, and equipped with a crew which is constantly under pay. The calls for salvage service are occasional. The necessity of expenditure for wages and repairs is continuous. The City of Worcester had the prompt benefit of a large plant, which was itself in some danger of injury. In Coast Wrecking Co. v. Phœnix Ins. Co., 13 Fed. Rep. 133, Mr. Justice Blatchford said:
“Hot only is the service in the particular case to be regarded, but the compensation is to be looked at, as it may induce aid by competent salvors to other property in distress; and the equipment of the Coast Wrecking Company, with steamers and pumps and wrecking material and skilled men, and its readiness to act on a moment’s notice, must be considered, involving, as that does, large investments and expenses whibh go on as well while there is no employment. ”
For Services in saving the City of Worcester the salvors are entitled to $31,753.52, of which the sum of $11,282 has been paid, leaving the sum of $20,471.52 unpaid and due. In-the libel in rem against the City of Worcester, let there be a decree against the claimant for the sum of $20,471.52 and costs of suit; and, in the libel in •personam, let there be a decree against the respondent for the sum of $1,000 and costs of suit.