THE JAMES A. GARFIELD.
175
the means used to put (lut the fire. They remained on the deck. They encountered no hardship or fatigue. They were unCierno responsibility. They had no ,opportunity ofdisplayiD:g any skill or gallantry.They did exhibit, in a very commendable' degree, tude and zeal, all the more commendable as the steam-ship was full of passengers. But all that they did, all that they could do under the circumstances, was to furnish their pumping apparatus and their water, aiding the pumps and the steam appliances of the ship, Taking all these matters into copsideration, and estimating the salvage service thereon, giving the ship the benefit of her own construction and appliances, and taking .into account the services of the fire department, for which no claim has been made, but which, nevertheless, inure for the advantage of the ship, (Tft,eBaker, 25 Fed. Rep. 773,) I award to the libelant, as the share of the services of the Monarch therein, the sum (If $650. The costs, except the cost of the stenographer, for which provision has been already made, will follow the award. Let a decree be entered ip conformity with this opinion. THE JAMES A. GARFIELD. I . TEBO 11. THE JAMF..8 A. GARFIELD.
.,.
(District Oourt, E. D. New York. June 15, 1887.)
&Lv...G....TuG AT WHAR1l'-FlRE.
The tug T. discovered afire in the engine-room of ,the tug G;, while the "atter lay at a wharf. and, proceeding to her. extinguished it. While the T. was on her way to the G., the watchman on the pier discovered the fire, .and summoned the fire department. Held, that the service was a salvage service, but that the G. had not been saved from total dllstruction on account of the summons sent to the fire department. Three hun-dred dollars was allowed as salvage award.
In :Admlralty. John J; AUen, for libelant. Edward H. Hobb8, for claimant. . BENE;DlCT, J. The services'rendered by the tug-hoat Tebo in extinguishing the fire that had broken out in the epgine-room of the James A. Garfield, although unattended with any risk to life or risk t() the Tebo, were salvage services, because they were services rendered voluntarily, to reHeve the James A. Garfield from a situation .of peril, and they were successf?!. , The fire was by those on the Tebo before 1t ,had beeridiscovered, by any othl'lrperson. They at once proceeded with the Tebo to thE! Garfield, and 9ypromptly pouring astream of water.upon it tIler the nre. The fire so was dangerous; by the services of the Tebo the damage resulting from it was reduced tp a minimum., . . ' ,... . 'B\lt, while ,the services of the Tebo unquestionably, saved the Garfield a conaiderable loss, I cannot agree with the advocates for the libelant ip the opinion that they .saved, her &om tota:! destruction. The, fact .that the watchman·on the pier the fire while the Tebo waspJ,"qlReported by of the York ·.
176
FEDERAL REPORTER.
ceeding to the Garfield, and at once, by the fire telegraph, notified the fire'deplu'tment, so tpatan was at once on its way to the fire, would reached the Garfield a few moments after the Tebo reached hel', and as I think it may fairly be inferred, have promptly extinguished the fire, requires the conclusion that the Garfield was not in danger of total destruction. But it may be also fairly inferred from the evidel1cetHat the works would have. been burnt, and her engine perhaps ,injured, if the'Tebo had not teached her when she ,did. That ItlsSwas saved by the: exertions of the Tebo. The cla{mants have made no'tender, and the extent of the offer was $25. This was much too j3mall, in, mY opinion. As I view the ease, $300 be awarded and will Mil. liberal reward for the services of the Tebo. For that sum, with costS, the libelant may have a decree. ' I
VmRow and others
'11.
THE' ROSE. 1 THE 'RbSE and Her Cargo of Cotton. June Hi, 1887.)
(District Oourt; E. D. Ne1JJ York.
8ALVAGE-ToWI1IfG LIGHTEB-BURNtNG PIER-TENDElt.
The libelant's tug towed the lighter R., laden with cotton, from the vicinity of the Morgan Line pier, which wason fire. td a place of safety. Claimant, admitting that,the service service, offered to pay $140. together with costs after the action had been begun. Held, that the offer was a liberal accepted: libelant should have a decree for one, and should have '140 and taxable costs up to the tIme of tilmg the answer, less the taxable costs which accrued after the answer was'filed.
A'1l8On B.Stewart l for libelants. Julian B. Shope, for claimanta. BENEDICT, J. The only question presented to me for decision in this case is in regard to the amount proper to oe awarded to the owner and Clrew of the tug Reindeer, for salvage services rendered to a cargo of.cotton laden onboard the lighter Rose. The lighter was lying in a slip in the North river, the pier on the lower side of which was the pier of the Morgan Line, which was on The services consisted in towing the lighter', with her cargo of cotton, from this slip to a place remote from the fire.' , , The claimants have concecled that the services were salvage services, and offered to pa.y $140 as salvage' compensation.' This offer was repeated after the action was commenced, and accompanied with an offer to pay the costs of the action 'lip to 'that time. By stipulation, the offer is to be rega:rded aea legal tEmder, accompanh!ld l\:'ith a payment into court at the filing of the a n s w e r . ' ' In my opinion the offer of $140 was a liberal one, and should have been proof will not 'warrant an award, :exceeding that sUIn.LktheIibe]ant have a'decree against the cargo for $140 and the ' taxable costa up ,to the time of the 'filing bf the answer, less the taxable co'sts of the claimant 'which have 'acorued since the answer was filed. lReported by EdWardG.:Beiiedict, Esq.,'oftbe New York bar.
.In Admiralty.