39 F. 570 | E.D.N.Y | 1889
This is an action on behalf of the water-boat Nelly, to recover salvage compensation for services rendered to the ship Vanloo on the 23d day of October, 1888, on which day, at about 11 o’clock in the forenoon,—that ship being in the Atlantic dock, with little or no cargo on board,—fire broke out in the lazaret, which burst forth through the hatch in flames estimated from five to ten feet high. At the time the fire broke out the master of the ship was not on board, but the mate and several of her crew were. On the bursting forth of the fire, the mate caused an alarm to be at once given by the ringing of a bell on board the ship and cries of “Fire!” On hearing the alarm, the water-boat Nelly, then lying near by in the same dock, having on board some 8,000 gallons of water, at once proceeded along-side the burning ship, and commenced to throw water upon the fire with her pumps. After some 15 or 20 minutes the fire department of the city came to the ship, and by their powerful pumps the fire was extinguished.
There is no doubt that the services rendered by the Nelly were salvage services. The only question raised in the case is as to the amount. The
In determining the proper award to be made to the Nelly, it is to be considered that it is a case of fire in a crowded dock. It was a fire in a wooden sldp of the value of $40,000, which had lately carried a cargo of petroleum. Danger, not only to the ship on fire, but to many others in the dock, was present. Prompt aid was necessary, and prompt aid was furnished by the Nelly, able as she was to throw water upon the lire without any delay whatever. The aid was furnished on a call for assistance from the ship, and was voluntary. It was, however, rendered without risk, and was of short duration. In my opinion, $500 will be a proper award for the services rendered by the Nelly, but it must bo without costs, because it appears that no proper effort was made on the part of the Nelly to make known before suit the amount demanded, and the ship was seized without notice of the intention to proceed against her.