Scows Nos. 21 & 59
Scows Nos. 21 & 59
Opinion of the Court
This is an action to recover salvage. On the 31st day of December, 1901, dumping scows Nos. 21 and 59, with other scows, were lying fast to the claimants’ stake boat, about half a mile from Robbins’ Reef Light. Nos. 21 and 59 were loaded with mud. It was a cold and very stormy night, with a high northwest wind, causing a choppy sea, which froze as it blew on the boats. About three o’clock in the morning of January 1st, all the scows broke away from the stake boat and drifted, with an ebb tide, to the southward, until they brought up against a schooner, which was lying anchored off Stapleton, Staten Island, and caused her to drag her anchor. While the scows were drifting towards the schooner, the tug Eli B. Conine, under the command of the libellant Conine, who was the master and one of the owners thereof, was going down the bay, light, and those on board discovered the scows. Finding they were
_ The services were very opportune and meritorious. There can be little doubt that the scows, as well as being in danger of becoming liable for collisions with the steamers, were in considerable danger themselves, either of drifting to sea and being lost, or of being wrecked upon Coney Island, in the vicinity of Norton’s Point. There was no other assistance to be had at the time and the scows had no available means of assisting themselves. There is some confusion in the testimony with respect to the scows having anchors but it appears, in any event, that the men on board were unable to use them, because ice, from the spray, continued to form upon them and their chains, and the decks of the scows, in such a manner as to prevent the drift from being stopped in such a way.
The two scows were worth $25,000 and were saved without injury. The Conine was worth $35,000. She used every pound of her allowed power for several hours and thus injured herself, so that she was obliged to undergo repairs to her steam pipes and furnace, costing, with the time she was laid up in making them, about three hundred dollars. The services, however, while attended with some danger to the tug and the men on board were not particularly hazardous, but still of a kind, having the severity of the weather, as well as the skill and endurance shown, in view, that merits commendation and substantial reward. I conclude that $2,000, with $200 for the proportion of repairs which should be paid by these scows, will be a proper award under the circumstances. One-third of the $2,000 will be allowed to master and crew of the tug and two-thirds to the owners. Of the one-third, $100 will be awarded to the master and the rest distributed among him and the other members of the crew, in proportion to their wages.
Decree for libelants accordingly.
Reference
- Full Case Name
- SCOWS NOS. 21 AND 59
- Status
- Published