The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-24
United States District Court.
DECISION IN ADMIRALTY.
IN ADMIHALTl
Before Judge Ingersoll.


Nov. 23.-Isaac c. Phillips ct al. The Ship United
SoteThis libel is fled to salvage compensa
ton Tor services rendered to the ship United States by
the steamtugs Hercules and Underwater. The ship
worth from $40 600 to SIS, 000 and having board
cargo OF about thousand tons Of railroad iron worth
about S45 0o0 while bound into the port Of New York
about two three O'Clock P. NJ the 18th of March
1853, the outer middle shoa about three miles
from Sandy Hook There seventeen eighteen feet
of water the shosl and the ship, drawing about nine
feet carried the shoal by force of the
and the wind, which blowing gale from the north
east. Soon after she had signal for pilot, and
spoken BY one, but the rough that he could
not then board her. He therefore directed the captain
of the ship to follow his boat and he would lead him
arrived Dear the point Of the Hook when the pilot was
enabled to board her. and she then under his
direction far the Southwest Spit She could then
proceed farther the harbor the wind dead
ahead When the pilot went on beard the ship which
old humping the outer middle leak
and after her arrival at the Southwest Spit the Captain
and pilot consulted for her safety aud thereupon the p
lot ordered signal set for the steamtus Hercules which
having that day towed down a schooner from New
York, to tighten the ship Atalanta which ashore
outside of the Hook, about two miles from the ship
in the lower bay looking for business in her ordinary
occupation Of towing vessels up and down the harbo
The evidence contradictory to whether the signal
WAS an ordinary one for tow or signal Of distress
hold OF the ship between and p NJ and the captain
of the ship told the captain of the Hercules that the ship
was leaking badly and that the water was gaining
them The Hercules not being able to tow her with
mash despatch as was desired, signal set from
the ship for the Under writer which had also gone
down in search Of business The Underwriter imme-
datey obeyed the signal and the two tugs brought
the ship in safety up the harbor (athough from the
leak she settled two feet while coming up) and
ran her upon mud bottom in the Atlantic dock be-
tween and ~ O'Clock at night This Friday,
and by tho following Wednesday she filed with water.
The usual price paid to steam tug for towing
sci up from the lower bay varies from $25 to 500
cordng 70 the state of the weather. and the difficulties
of the
Held by the Court that the weight evidence is that
thu signal set not signal Of distress but signal
for In obeying this signal the tugs went to her
aid expecting and agreeing to engage the business
which the signal indicated But although the tugs
started for the ship with the view to render towage
service merely yet the ship when the tugs came to
her assistance was, in point of fact, in condition
where loss serious damage reasonably to be ap
pretended from her eaky condition, in connection with
the bostcrons state Of the weather-f she encoun
tering threatened impending peril from which she
rescued by the tugs-hen although the signal set
by the ship only for tow, and although when
the tugs started for the ship in obedience to to the sig
nal, they understood that they were wanted only for
towaee service they would be entitled to DO compen
for salvage service. For where ship its ading Is
saved from impending peril by the service of any per
sons upon whom there is obligation to render the
service, then such service is to be compensated
vice. towage service Is confined TO vessels which
nave received no damage which puts them N peril Of
only where the vessel receiving the service IL Ia
the same condition she would ordinarily be without
"
towage engagement merely led to the of ship
from an imminent danger, il should be remunerated as
salvage. g Harg., 42S That the Court does not find
fact that the ship and cargo would have been lost
greatly damaged ii she had not been rescued by the
tugs; does nd that there danger of such loss
or great damage and that the ship was rescued from
that peril by the tugs and the compensation which the
bcants entitled to receive for their services must
he a salvage compensation That there bur little
II any, labor and peril incurred by the tugs than
would have been incurred in such weather in reforming
towage service; that they manifested promptitude in
obeying the signal, but were not diverted from their
proper and usual employment, but engaged in IT,
that the libelants have experienced but ting injury
loss by the service which they have rendered, no
than probably would have been sustained IL the
ship had not by her ieaky condition been exposed to
impending peril and that under all the circumstances
the demands only moderate compensation De-
cree therefore, that the beants recover the sum of
81 O00 to be divided equally between the two tugs.
SCARCITY OF Coal IN THE WEsr.-Coal il scarce
and high At the West and the supply Is nearly exhaust
ed. The Louisville Courier says:-Iack Of fsel
threatens TO aggravate manifold troubles We have
neither railroad river just yet that will bring coal
and the consumption OF that article is becoming every
day greater. Owing TO want of sufficient supply the
rolling mill has been compelled to suspend operations
aud, consequence, large number OF laborers havs
been thrown out Of employment upon the verge Of a
winter that promises 70 be Of unusual severity
Yesterday dealers in coal announced with cool sort OF
assurance advance 70 twenty FIVE cents per bushe
To what height they will elevate the standard price for
this necessity Of life, we have means Of knowing
Coal will 90 up, however, 90 long the river Is down.