The Evolution
The Evolution
Opinion of the Court
The libelant is the owner of the British schooner M. D. S. On November 12, 1911, while bound on a voyage, under charter, from Hantsport to Vineyard Haven for orders, then to discharge in Long Island Sound or at New York, she anchored in Gloucester outer harbor, just inside the breakwater. On November 16, the Evolution, also a British vessel, came into the harbor and anchored near by. Both vessels remained at anchor until the night between Saturday, November 18th, and Sunday, November 19_th, when the wind began to blow strong from the southwest, and increased in force until it became a considerable gale. Soon after 1 a. ra., the Evolution, being to windward of the M. D. S. and having two anchors down, broke adrift from one anchor, dragged the other, came down upon the M, D. S., and fouled her, carrying away her jib boom, bowsprit, with the rigging and head gear attached. After getting clear, the Evolution swung to her port anchor and also made herself fast with a line to the quarter of the M. D. S. Thus the vessels lay until about 3:15 a. m., when the Evolution broke adrift a second time, from her port anchor, still holding, however, by the line fast to the M. D. S. Another line was passed to her from the M. D. S., and she lay astern of that vessel, secured by these two lines, until nearly 5 a. m., when the Evolution’s line parted, and another part of the line belonging to the M. D. S. had to be used instead.. This held her till after 7 a. m., when the tugboat Eveleth came down from Gloucester to where the vessels lay, and towed the Evolution to a safe anchorage in the inner harbor. The wind had continued to blow heavily from the time she first broke adrift until she was safely anchored as above.
The owner of the M. D. S. claims salvage for keeping the Evolution from going ashore during the time she remained attached to Ms vessel, and claims damages for the collision. The master and crew of the M. D. S. join as libelants for salvage. The Mariners’ Towboat Company, which owns the Eveleth, has presented a claim for salvage. No claim to the Evolution has been filed, nor is there any answer to the libel on her behalf. She was sold by the marshal on December 16th for $650, and $583.71, being the net proceeds of her sale, is in the registry. Ernest Eye and three others, claiming to have been the crew of the Evolution, have presented claims for wages due them, which they ask to have paid out of these proceeds.
The hearing has been ex parte so far as the Evolution is concerned, but the libelant has contested the claim of the towboat and the wages claim.
Passing for the present the claims of the Evolution’s crew, if the
. [2] As to the Eveleth’s services, I cannot hold that they were mere towage services, deserving only 'the ordinary towage compensation of $6. The tug, learning that there was a schooner in the outer harbor which might need assistance, voluntarily went down there to look for her, found the Evolution signaling for assistance, and tendered her services, which were accepted without inquiry or bargain. The Evolution’s peril lay in the prospect that the M. D. S. might, for her own safety, be forced to decline to hold the Evolution longer by the strong wind and sea, which did not then appear likely to diminish, or in the prospect that the lines connecting the two vessels might part. The evidence does not satisfy me that the immediate danger of either event happening was very great, but it was impossible to tell at the time just how great the danger was. The Evolution, once adrift, was helpless to navigate by herself, and the rocky shore to lee-, ward was close at hand, as was also another vessel, still nearer to leeward. There was no prospect of any other immediate assistance. Though the actual time occupied by the tug’s services was only about two hours, and the actual distance traversed by her in rendering them only about 2y% miles in all, I think the circumstances, though not justifying any great addition to the towage value of the services, entitle her to an award of $50'.
What will then remain of the fund in court must be paid to the libelant in satisfaction of his collision damages. As no defense is interposed to his libel, the decree cannot bind the owners of the Evolution beyond the fund with which I am dealing. It will, therefore, be unnecessary to determine with precision the amount which he might recover, were those owners before the court. In his original libel, sworn to November 20, 1911, the amount of damages alleged for injuries to the M. D. S., and for expenses of the master and crew, and otherwise, was $2,000. In his amended libel, sworn to by him December 1, 1911, the allegations are that the cost of the schooner’s repairs, in his estimate, will be about $2,200, that she has been and will be detained by reason of them, that he was sustained other damages by reason of the expense incurred in having her surveyed, and by reason of her detention, which he estimates at about $700. Hie evidence which he has introduced, standing uncontradicted, would, I think, justify’an assessment of these damages at nearly or quite $2,000. It will be sufficient, however, for the purposes of this case, to direct in the decree that the libelant recover the balance of the proceeds in court.
The evidence, as it stands, does not seem to me to afford the material for making any apportionment between owners and members
Reference
- Full Case Name
- THE EVOLUTION
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- 2 cases
- Status
- Published