Page:Federal Reporter, 1st Series, Volume 5.djvu/120

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

108 rEDEEAL EEPOBTEB. �still, it is a case of great merit. The bark was derelict, and in each cases the reward should be liberal. The Anna, 10 Blatchf. 456. The claim of the libellants, however, that they should have more than one-half of the value of the property saved is very extravagant, and not in accordance with the present practice of courts of admiralty in cases like this. The principle is that a fair and liberal reward is given for the time and labor, the dangers encountered, and the property saved. Post v. Jones, 19 How. 150. �In this case I think the sum of $7,000 will be a proper award. Of this sum, $350 is awarded to the master, and $3,325 to the owners of the steamer. The remaining $3,325 will be apportioned among the officers and crew of the steamer, including the master and those of the cattlemen v?ho took part in the service, in proportion to their respective wages, the cattlemen ranking for this purpose as ordinary seamen. As the proofs do not show which of the cattlemen are entitled except the petitipner Wiley, who bas been joined as co-libellant, and as the libel alleges that three of the crew deserted in New York, of which no proof has been given, a reference will be had to determine this apportionment among the crew. �Decree accordingly, with costs to libellants. ���Thb Steamer Leipsio. (District Court, S. D. JVewYork. November, 1880.) �AaHEEMBNT AT SbA FOK TOWASE — CONSTBUCTION— Salvagh — Pbao- TiCE — Apportionment — Costs. �Where the steamer L. , on a voyage f rom Baltimore to Bremerhaven, with a general cargo and 12 passengers, broke her shaft when about two days out, but was otherwise sound, staunch, and strong, well equipped, manned, and provisioned, and able to proceed under sail with favorable winds, and seven days thereafter, September 13, 1879, being about 125 miles from Sandy Hook, was towed into New York by the freighting steamer G., which being then bound to Baltimore, ����