THETAN<JARVILLE'·.
903
One witness testifies that in. his,bpinion the scowa.:wonld have ridden out the gale if not reseued;,others. thought .not.·Considering the. fact that the gale moderated at 7p; ,!d:. ,that the scows did ,not get into smoother water until about 3 P. Y., £uid' were therefore exposed to the gale for four hours without substantial injury, so far as appears, although from 3 to 7 P. M. the sea was probably rising, and the da'nger to such 'scows greater, it is not impossible that they might have ridden out the gale in safety. Though I cannot, therefate, treat the clise as one of certain destruction of the scows except for the relief afforded by these salvors, the peril was evidently great. Abandoned by their own tug, though not strictly derelict, they were for the time being practically so, as the men on board were' wholly destitute.of any meanS of helping themselves. The anchol's were. very light, not adapted for service at sea, and .if thrown overboard would have been of no use. The value of the scows was $20,000; that of the Olive .Baker $15,000. In rendering'the service, side of the tug's house was stove ·in,and. her boiler shifted. The expense of, the necessary repairs, including demurragednring the necessary time'for ,making them,imd the loss of towage in abandoning the schooner,.amounted to. about $500. The chief elements in the case that entiUe ·tho sa,;lvors: to a liberal reward ate the imminent jeopardy of the ·tow",·With.the lives of those on board, and the great bravery, persistence,andskill of the;pilot.of the Olive Baker and his crew in going to and in rescuing; the tow after it had been abandoned by one tug, and after others:l:iad feared·'ahd refused to attempt to save it. In rendering these services the salvors' labored I'luderpeculiar difficulties, to some extent in peril:of. their own lives" and their success was perfect in rescuing the tow without substantialil\iury. ·.Under such circumstal1ces, I think an 85,000 no more than a. suitable of the peculiar merit'()fthis salvage servioe. Of this sum the pilot and crew should receive one-'half, .and the owhers' of the tug' the other .half; the: latter including the damage to the tug. Out of the allowance'to the master and crew I allQW $500 to the master, and the residue is to be divided atuong the master, engin and crew, in 'proportion to their wages., er,
,THE T ANCARVILLE. 1 ArrLANTIC
& C. S. S. Co. v.
THE TANCA.'RVILJ,E.
{District Court, S. D. ,New Yor"- 'April 23, 1891.} TM· .steaIn-ship TancarvWe, laden, with rough her machinery broke down. She made sail, but, owmg to her deep ladmg, was unable to . steer properly, made little progrellS,aI1d begin to jettison her cargo. The weather. wall fair, but the vellSel .was somllwhat out of. the track of steamers, and in a region especially liable to stOrIns. The steam-ship V caine up, and, 1 Reported
TO PORT.
by Edward G. Benedict, Esq., of the New York bar.
904:
FEDERAL lUllPORTER,
vol. 45.
. $- ,'!lIllYaer to the TanoarvlUeJ .towed her into. portr without accident, difficulty, or danger. The duration of tne service was 50 bours, and tbe detention of the ven6llIe1&.,bY. tea.son. of such. sarviC.a 24: hours. The value bUb.e Tancarville and her cargo was:187,482j of the Venezuela and C\U'go. t6lIO,OOO·. Held, that tbe Venezuela !Ibould recover 18,000 salvage, and f200 for damage to hawser.
In Admiralty; Suit to recover salvage. Wing, Shoudy' &: Putnam, for claimants. Coud(Jft Bro,s., (Mr. Jrmes, of counsel,) for libelants. BROWN, J. The above libel is filed to recover for salvage services rendered by the libelants'steam-ship Venezuela to the French steamship Tancarville, in towing her from a point about 140 miles east of Cape Hatteras to New York, on April 10, 11, and 12, 1891. The Tancarville is a steamer of 1,768 tons burden, and was bound from Carthagena to Philadelphia, deeply laden with iron ore. Prior to the 6th of April she had met rough weather, part Of her machinery had given out, and on that night her machinery completely broke down. They thereupon made sail; but, though the weather was fair, the ship, owing to her deep loading, made but little progress, and could not be properly steered. Thereupon, to lighten the ship, and to improve her steering, about 60 tons of cargo were jettisoned daily until 6 o'clock on the morning of the 10th of April, when the Venezuela, bound from La Guayra to New York, sighting the signals of distress, came to her assistance, and took her in tow. The weather and sea continued favorable, and they arrived at this port on the morning of Sunday, April 12th, at about 9 o'clock, without injury to either vessel, and without accident, except the parting of the hawser at 10 P. M. on the night of the 10th, in consequence of which the Venezuela lay by until morning, when towage was resu.med. The value of the Tancarvillewas $75,000; of her cargo at Philadelphia, the place of delivery, including freight, $12,432. The value of the Venezuela was $350,000; of her cargo, $280,000,-in all $630,000. The duration of the towage, including the night that she lay by, was 50 hours. The detention caused to the ,venezuela by her 24 hours. The weather being favorable the whole time, there was no difficulty and no danger other than belong to ordinary towage at sea. When the services of the Venezuela were engaged, the master of the Tancarville desired to be towed to the Delaware Breakwater; but the master of the former was unwilling to make this deviation. He understood also that the Tancarville was short of provisions. She was out of flour, but of other provisions had a supply sufficient for severalweeks. . The master of the Tancarville asked for further supplies of provisions in case the Venezuela should not take him in tow; but, being taken in tow, no provisions were asked for or supplied. The Tancarvillewas considerably to the eastward of the track of steamers going to the We&t Indies or the Gulf of Mexico, though she migbtexpe(lt to fall in occasionally with some steamers usually paSsing not far from her situation. She was confessedly unable to J;each;portby sail, except upon a sacrifice of a considerable part of the cargo, and upon continuance of favorable '''enther, of which there was no assurance, as 1hlj.t,region was specially liable to
mE ROANOKE.
905
head-winds and storms, with which, through the Tancarville's lack of proper steering power under sail:, she was wholly unable to cope. The case was therefore one of urgent necessity to the Tancarville, while the value of the ship and, cargo employed in the service was large. The other ele«i,ents which are usually regarded in determining the amount of a salvage award, namely, the difficulty or danger attending the enterprise, and the oourage, daring, or skill employed in it, exist here in but a minor degree. Having reference to adjudicated cases so far as their objects designed to be secured by salvage analogies extend, and to compensation, I think that 88,000, with $200 for damage to hawser, allowance to the salvors; for which amount; will in tbis case be a with costs, a decree IJilay be entered.
ROANOKE. 1 THE ROANOK:£.
v.
(DtBtrict Own, 8. D. New York. April 8, 1891.) "
COLLISION-.;BflUV AND SAIL-CHANGB OJ' COURSB SBVBN POINTS BY SAILING VBSSBL.
off the Jersey coast, steering S. S. W., W., on a clear moonlight night. She saw nearly ahead the green light of the brig whioh was sailing N; E. by N. with the wind one point free. Thefreen hght of the brigJlOOD, after shut in, and her red light appeared, nearly ahead 0 the. steamer, whereypon the hard a-ported, and held the port helm until the collision. The velmlls at the time the steamer ported were about half a mile apart. When the vel\aels' !Were very near, tJ1e green light of the brig reapPeared, whereupon the steamer stopped and backed, but was unable to avoid collision, and the brig was sunk; Hela, on theevidenoe, that the collision was due to the fault of the brig in changi'llgher cqurse when the vesae1swere very near, and that the steaxp-ship was not for the collision.
In AdriliJ:'lllty.
Suit to recover damages caused by collision. (frlfY & Sturges, for,claimant. Gewge Black, for libelant. '
Bttow:rq, J. On the night of October 20, 1888, the. steam-ship Roanoke, bound south, came into collision with, the brigantine Hyperion, bound north, off the Jersey coast, to the eastward of Absecom light. sank not long after the collision, and both ship and cargo The were lost. 'This libel was filed to recover for the loss of the cargo .. The question if! whether the steamer was in any degree in fault. . The wind was freah ff\)m the north-west, the night clear, with moonlight, and poor for seeing lights. The previous course of the steamer was S.S. W., by t W.; that of the Hyperion N. E. bS N. The latter was on her port tack, with the wind one point free. In steering she yawe<lapout one point each' WlloY from her mean course.. The libelantclairQs that tho Benedict, Esq., of the New York bar. ;,! '
