The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-23
United States District Court.
DECISIONS IN ADNIRALTY-CAsE OF SALVAGE
Baf0Ya Hon. .{udGA Bakka


DECISIONS IN ADAIRALTY-CAsE OF SALVAGE.
Before hon. Judge Belts
rSa anM 25hasPArey Cory e al ~ Ms schooner
owners ofths steAmtug O. P. Smith, to salvage
Scnpensaon or services rendered to the Schooner The
Schooner, With cargo Il molsssss board was lying
q anchor In the North river, surrounded by heavy ice
n Of s II
ing su eeeeded in doing .uss,g great damage herself in
$1,000 It wss proved that the tug had employed
IN towing other vessels which were near the Edorado
emily few hours and that the captain Of the schooner
was nat beard but the mate was Who the defend
n. ant. alleged could not make any binding IN
SOr Aid Of that description Was SO hour and
Was shown where more than $3.50 had bssn paid
not justly DO placed the basis Of salvage services in
shsir proper accepdon in law, the footing Of
s.n 70 Ry tas n . s' TAT 20
n the halSor The use lind Of craft has grown Ts
CATION In this port and the demand for their services has
brought into use numerous Aotlla OF tngs, Who like
Il their capacities, and the consarc y Of the demand
1uarsntees In the average remunerahve reward for
DER services which however, has not ye. been msa-
mental change in the nterteritorial and coast navga
ton since the foundation Of the principles Of maritime
ton Of helping vessels to those relieved by them In dis
H1sss in good degree napplicabe. The new relation
BY Impulses Of hu
nAni leaving her own pursuits and devotng herself to
the rescue Of another In peril. Steam tugs stand
different grounds. They impose unauthorized risks
their owners; tdey may have reward whether needed
not and will not necessarily lose it because the
essentially different from that Of vessels coming casually
upon one in Distress is that the teamuzs pursue and
solicit the employment That these considerations do
mot detract from their claim to adequate recompense
Or impair the Importance of their services to the in
forests and safety of navigation, but show that
they are longer entitled to claim the cha
Yaeer Of ssvors in most instances where it might be
readily attributed to vessels not devoted to this spe
cal pursuit, which has become kind Of public call
ing That the Courts ample authority to adopt
the for towage in extraordinary to their
exgeneies they may when not restrained by positive
law, augment the ordinary amount of plotage But they
Will mol allow their process to be used as means Of
coerciDg the ulhmen Of exorbitant and unconsconabe
ss1ss.ns howsysT they may have been Obtained That
the agreement of the mate of the schooner the
work Of the services lis imsasuraby beyond what ought
bsants the of $3.50 with costs against
schooner ard that the libel against the cargo dis.
Appleton Goldsmith rs. Ossian E Graqory ct aL-Ths
hbel fled in this against the Of the ship
White Squa to recover amount exceeding $780, and
warrant uf attachment issued and the vessel seized
The respondents moved to discharge the attachment for
irregulsrity. Held by the Court-That order of
ecrdpg to the 7h rule Of the suprems Court in Admiral
t which the 18th rule Of this Court has been super
seeded, the attachment was without authority Law
and uAt be set asde but without COSTS the respond
snts did not take this ground former motion in this
cause relating to the same subject.
Oliver o. W0odndn The Steamship Crescent City,
This suit brought to the value alleged be
$3.50 OF barrel Of Magnetic ncture, or Minors Mag
cal Fever Cure alleged by the lbellant to have been
shipped board the steamer at New Orleans and to
have been destroyed while being discharged at New York
The bill Of adng specified the barrel "one barrel Ii
sud" freight IS customary and at the foot ST the
bill the clause con.ents unknown" 1t proved that
the frsghtng Of liquids from New Orleans to this port
had been confined almost exclusively to whisky alcohol
and molasses in barrels that the customary freight
whiskey was 81 95 per barrel and that II worth
about $16 per barrel and that freight universally
changed this line in proportion to the worth Of the
ssnenta of the cash. and that such casks were always
secured BY strong and marked hopping which this
not and that enough Of the contents remained In the
caAk when stove to be tested and drank and pro-
nounced by the witnesses who drank it to be whiskey
Helc by the Court That the beant bound in good
faith to disclose to the ship the character and value Of
The article shipped. That on the bill Of ading. the
dertakng Of the ship than the value of
barrel CT ordnary vhiskey. That the article
trcm OF qusck properties and there 10 no satisfactory
above that Of whskey Deereed that the libel
liant recover $l5 the value Of barrel Of whiskey, with
cut costs.