11 F. 911 | E.D. La. | 1881
This suit is for salvage services in case of fire in the port of New Orleans. The following facts are undisputed.
(1) That on the morning of January 5, 1881, the steam-boat Win. Pagan, lying at the wharf at the head of Bienville street, in this city, took fire and soon burned. (2) That the steam-boat Key West at the time lay along-side of the Fagan, the bows of the two boats about six feet apart, and the sterns a much greater distance apart, the Key West being below the Fagan, with the wind and eddy both going up stream. (3) That the alarm of fire vras given by tho Key West, the watchman ringing the boat’s bell as fast and as hard as ho could. (4) That in response to the call the tug-boat Charlie Wood and the river salving boat Protector came to the assistance of the burning vessel, arriving there about the same time. (5) The Wood, coming in on the lower side of the Key West, made fast and pulled the Key West out
On these facts there would seem to be no doubt that the Protector rendered salvage services to the Key West, and the court would only have to fix the sum to be allowed under the general rules recognized in such cases; but the respondents object that the Protector and her crew did not render any valuable service; but, on the contrary, they actfed in bad faith by not throwing water when the danger was greatest ; and that they purposely embarrassed the efforts made to get the Key West out of danger, and that they have magnified and enlarged all the circumstances of the danger, and the damage and risk, with a view of obtaining large salvage. An examination of the evidence does not satisfy me that these charges are sustained. The two salving boats did not work in harmony, nor perhaps to the best advantage, and the efforts of one embarrassed the other; but I do not find this was intentional. There was excitement and rivalry and misdirected effort, but not malicious bad conduct; and, on the whole evidence,I am satisfied that the services of the Protector were meritorious, and of value to the Key West. Notwithstanding this, the services of both the boat and crew were without risk or danger, and should grade very low as salvage services. As an original proposition, if the whole case were before me, I should think that 5 per cent, on the value of the boat aided, or $750, would be ample for both tug-boats and crews, giving 8 per cent., or $450, to the Wood, and 2 per cent., or $300, to the Protector. As the Wood has been settled with, and is not before the court, my views will be carried out by giving the Protector $300.
, The mode or rate of distribution to the Protector and her crew fixed in the district court, three-fourths to the boat and One-fourth to the crew, in proportion to their monthly wages, seems to be satisfactory to the parties interested, and I will follow that without commit
Let a decree be entered in favor of libellants and intervening libellants for $300 salvage, against the steam-boat Key West, and for costs of suit; and distributing said salvage, three-fourths to the intervening libellants, the New Harbor Protection Company, and onoi'ourth to the master an<j crew of the Protector.