.. , THE
:111
LEWIS
and others
'D. Su;Ty·FIVE,PACltAGES OF MERCHANDISE.
MERlUTT 'D. ONE CASE OF WOOL,
etc.
(OircuW Court.. E. D.
July 8, 1887.)
Pt),rker fqr William Lewis. Blizck, for Israel J : Merritt. ' ' Mark D. Wilber, U. S. Atty., for the United flea.
.! ,'i ,;
The decree of thtl distlict court in the 'abO'Ve case (30 Fed. Rep. 195) affirmed, without opinion. " .
THE .WISCONSIt!l.,
(Circuit Ootb-t, R.D. New Yor.k.July 9,1887;) 1. SALVAGB-PILOT AS ' ' '.:." Libelant, a pilot, was Oil board the steam.ship W., but had not taken charge, ·wJJ.ell the vesael ran ashore. Thereafter he rendered assistance by suggestions as to getting her off, and by taking eharge of: her when she was floated in a rudderless condition. He incurred no risk, and was not called upon for any extraordinary . exertion. ,Held, that he l!hould recover $l,000 salvage. "2. SAJIIim--WlIIi:N PI.LOT MAY' liE SALVOR. A pilot may be a 80.1'1'01', although aboard 'tbevessel,if he has not, yet assumed . ; : " ",; .3. SAME-EXTRAORDINARY PILOTAGE SERVICES. ,'Fhe statute of ,NewJeraey {section ofilie issue of1846} relates to e.x.traordhiarv pilotage services. A case of pilot,age necessaril,y .presupposes the capable of being navigated. So a aid ,to not bound by the above statute, and hIS services may ballot those of a of a
Whitehead, Parker & Dexter, for appellee. Nash & Kingsfo1'd, for appellants.
The decree of the distriCt court in the above case (30 Fed; Rep. 8(6) af· ,.firmed, without opinion.
112
FEDERALREPORTEK. THE CAROLINA. MoKENNA tl. THE CAROLINA.
(Oirottit Court, 1!J. D. New York. July 9, 1887.) 1. 2. . " A lien arises against a vessel for damages occasioned by failure·to provide safe machinery for the discharge of her oargo. SAME-PERSONAL INJURIES, M.AllITIME LIENS-MACHINERY FOR DISCHARGE OF CARGO-DAMASKS.
As a hogshead was being hoisted from the hold of the steam-ship Carolina, aguy-rope, belonging to the ship, and used for the hoisting, parted, and the fall of the hogshead injured libelant. The officers of the ship knew of the insufficiency of the rope. No fault could be attributed to libelant. Held, that be was entitled against the ship.
Amon Beebe Stewart, for appellee. Wheel81' &\ CorUs, for appellant. The decree of the district court itl the above caSe{80 Fed. nep.l99) affirmed, without . .... ' ·. J
THE CEPHALONIA. 'D. THE CEPHALONIA.
FELTY tI. CUNARD S. S. CO., Limited.
GREENE, Adm.'r, etc., tI.Cu:tl'ARDS. S. Co., Limited. (Oircuit Cburl, E. D. New York.
July 15, 1887.)
COLLISION-STEAMER AND TUG-OVERTAKING VESSEL.
The tug Glen Island,while proceeding down the bay of New York, was overtaken and run down by the stealll-ship Cephalonia, of the Cunard Line. The tug was sunk. and several lives were lost. Prior to the collision the tug did not alter her course. .On suit brouRht against the steam-ship to recover for the los8 of life and property, held. that the Cephalonia, as the overtaking vessel, was bound to have avoided the tUR; that the fact that she blew whistles in time to enable the tug to get out of her way was no excuse for the collision; and that she was solely responsible for the collision.
Butler, Stillman &\ Hubbard and Hyland &\ Zabriskie, for libelants. Carpenter &\ Mosher, for Oliver Greene. Owen & Gray, for Cunard S. S. Co., Limited. The decree of the district court in the above cases (29 Fed. Rep. 332) affirmed; but entry of the decree in the case of (11'eene v. Cunard S. S. Co. suspended, to await the decision of an appeal taken by the respondent in the suit of Felty v. Cunard S. S. Co., prOVided such appeal be taken and perfected within 30days after the ,entry of a decree in this court in said suit.