The William P. Hood
The William P. Hood
Opinion of the Court
This libel is for salvage services of the tug Carrie A. Ramsey to the three-masted schooner William P. Hood, in towing her into the stream from the Wilkesbarre pier, and from the vicinity of burning coal pockets, on the morning of December 18, 1900. The service occupied probably not more than 10 or 15 minutes, and was without the slightest risk, or even discomfort. The tug and her crew did nothing more meritorious or perilous than in the ordinary course of work in moving a schooner from the dock to the stream. The only question is as to the peril of the Hood, and whether, but for the assistance of the Ramsey, she would have been seriously damaged. I am of the opinion that the libelant has tailed to show by a preponderance of evidence that the Hood was in serious peril, which was averted by the Ramsey. Had she remained where she was, the Hood would have been seriously damaged; but the claimant produced seven witnesses (two from the Hood, and' five from the Alice Maude, which lay near the Hood, on the same side of the dock) who swore positively that the Hood, which was provided with an engine, moved under her own power. This evidence
I am of the opinion that the sum of $50 is a liberal compensation in this case, upon the view which must be taken as to the preponderance of proof. However, as there was reasonahle ground for the contention that the Hood had not moved, and was unable to move, and as no tender appears to have been made, I think the libelant is entitled, to its costs. A decree may be presented accordingly.
Reference
- Full Case Name
- THE WILLIAM P. HOOD
- Status
- Published