13 F. Cas. 635 | S.D.N.Y. | 1871
On Sunday. the 2Stli of May, 1S71, the brig J. L. Bowen left New York, bound to Gibraltar. Her ship’s company consisted of a master, two mates, a cook and six men before the
The libel is filed on behalf of the libellant and all others who are salvors, and claims salvage compensation for the libellant, and for the Europa and her crew. The answer denies that the service was one of great peril or danger, and denies that the brig and her cargo were rescued from any considerable peril, or were in any peril beyond the power of her mariners to control.
There can be no doubt that the service in this case was a salvage service, in respect of which the owners of the Europa and her master and crew, as well as the libellant, are entitled to a salvage compensation. Williamson v. The Alphonso [Case No. 17,-749]; The Czarina [Id. 3,531]; The Roe, Swab. 84; The Janet Mitchell, Id. 111; The Golondrina, L. R. 1 Adm. & Ecc. 334; Jones, Salv. 14.
The only contest in the case is as .to the amount to be awarded. The answer avers that the owners of the brig and cargo are willing to make ample compensation for the services rendered, but that the sum demanded has been so unreasonable and inequitable that no settlement could be made. What that sum is, is not stated in the answer, nor shown by the evidence. The libel specifies no amount, but claims reasonable compensation.
In the case of Williamson v. The Alphonso [supra], the two mates of the Alphonso were disabled, the master was ill with the yellow fever, a signal of distress was flying, the mate of the salving vessel took command of the Alphonso, and ran her a distance of 23 miles to a port of safety, and the Alphonso and her cargo were worth $15,000. The court allowed $750 salvage in all, giving $300 of it to the mate.
In the case of The Czarina [supra], the master and two mates of the Czarina had been killed, no one was left to navigate her, she and her cargo were worth about $95,-000, and the first mate of the salving vessel was put on board of the Czarina, and navigated her for twenty days. The owners, master, mate and sailors of the salving vessel brought suit, and the court awarded to them $5,4S5, of which the owners received $3,500, the master $800, the first mate $1,000, the second mate $25, and sixteen sailors $10 each.
In the case of The Roe, Swab. 84, some of the crew of the Roe were dead and some were ill with the scurvy, a signal of distress was flying, the value of the property saved was £9,350, two of the crew of the saving vessel volunteered to serve on the Roe and
In the case of The Janet Mitchell, Swab. Ill, the master of the Janet Mitchell had been drowned, and some one was required to navigate her. The mate of the salving vessel volunteered to do so, and the owners of the Janet Mitchell gave him £200 for his services. The owners, the master, and the rest of the crew of the salving vessel sued for salvage, and, the value of the property saved being £29,700, the court awarded to them £1,000.
In the case of The Golondrina, L. R. 1 Adm. & Ecc. 334, the two mates of the Golondrina had deserted her, and her master had jumped overboard, and the second mate of the salving vessel was, at .the request of the crew of the Golondrina, put on board of her, by the master of the salving vessel, to navigate her. The value of the property saved was £26,000, and the court awarded £1.800, of which the owners received £1,000, the second mate £300, the master £200, and the crew £300, according to their ratings.
In the present case, I think the sum of $3,000 is a proper allowance. Of this I award to the owners of the Europa $1,600, to her master $450, to the libellant Hilmer $650, and to the rest of her crew $300. according to their wages. Let a decree be entered accordingly, with costs.