Lowndes v. The Ernest M. Munn
Lowndes v. The Ernest M. Munn
Opinion of the Court
This is a libel in rem for salvage. At about 7 o’clock on the morning of November 28,1893, the libelant, Stanley H. Lowndes, with a crew of six men, started in his oyster steamer, the J. Howard Lowndes, from Norwalk harbor, to go to work on his oyster beds in Long Island sound. When they got outside they saw the steam barge Ernest M. Munn adrift, about a mile and a quarter from the east end of Oopp Island. They went up to her, bow on, and one of the crew jumped aboard. She had been abandoned. Her heavy hawsers had parted, and she was waterlogged. There had been a hard southeast storm through the night, and the water was very rough that morning. The salvors first attempted to (ow her in an easterly direction, but tbe sea was so rough, and she was so heavy, with her cargo of coal and the water in the hold, that they could not make any progress. They then got her alongside*, hut she rolled and heaved so heavily that they could not control her, and were in danger of being swamped. Finally they succeeded in towing her very slowly with the sea, by a line from her bow, inside of the Norwalk Islands, where the water was smooth, and from there took her down to Five Mile river, reaching there at about half past 1 in the afternoon, and made her fast, to the dock. It is agreed that the value of the barge saved was $2,500, and of the cargo $000, and that the total net freight to destination was $83.08. The libelant’s oyster steamer was worth about $15,000.
The first question presented is as to the amount of salvage which should properly he allowed, in view of the conditions existing in this case. The barge was derelict and in peril in Long Island sound. She would probably not have drifted ashore for two hours. If she had done so, she probably, although not certainly, would have gone on the rocks of the Norwalk Islands. The time consumed in the salvage service was about 6-J hours. The distance towed was about 3| miles. The services rendered were meritorious and successful. They involved danger to the life of the sailor who jumped aboard the barge, and some danger to the salving steamer. Seven men were engaged in the salvage service from 7:30 in the morning till 1:30 in the afternoon. One good day’s work, with good weather, was worth $100 to the libelant, Lowndes. An examination of the salvage cases shows a great diversity in the proporlional amounts awarded, by reason of the widely varying conditions. It seems to me that, in cases most nearly resembling the one at bar, the amount of the award has generally approximated 25 per cent, of the value of the property saved. . I think such award should be allowed in this case, unless the court is hound to enforce a certain alleged agreement hereafter to be considered.
On the second day after the occurrences heretofore stated, the claimant, Oalahan, Die owner of the barge, came to Five Mile river, and offered to give the salvors $500 and such additional sum as could he obtained from the insurance company for a release of the barga The salvors refused to settle for less than $800. On the
Reference
- Full Case Name
- THE ERNEST M. MUNN. LOWNDES v. THE ERNEST M. MUNN
- Status
- Published