The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-06
Marine Court-TrinI Term.
UNITED STATES DISTRICT COURT IN ADMIRALTY.
Claim for Snivage-Decisi0n
Before Judge Blatchford.

Claim for Snivnge-D ecisian.
Before Judge Blatchford.
Tho following decision was Yesterday rendered by
Judge Blatchford:-
This vase case Of libel for salvage filed by the plain
siG mostsr and part owner Of the steamer Eureka
behalf Of himself and all others interested against the
defendants. The bark is British vessel and was on
her passage from St. Jago do Cuba to New York at the
time OF the salvage service The cargo Of the bark
sisted OF sugar She Ia years old $40 burden,
and worth about $4,000 The value Of her cargo has
not been asccrtsirod. On the so Of March last no
bark anchor about four miles northeast from Alb
secom Light, on the New Jersey coast She en-
countercd gale about eigat days before, and
was blown from her piloage ground and
lost ruddor She then lay TO Tor two days, and then
foil in with brig, BY which the women and children
taken in about ffeen miles south o. Capc May, in.
tending 10 20 into Hampton Roads, whoa both vessels
came TO anchor IN sight Of land. The wiad having
changed and blowing or shore when both weighed
Sncior and sailed In company along the shore out OF
right OF land the disabled bark steering BY her GALS
Tue brig got asiray, but found the bark again. and both
called in company as well as tho favorable wind would
permit until they reached tho point at which the bark
vas found by the Eureka, which was on her passage
from New York to Little Egg Harbor. On sighting tho
bark, tho Eureka, believing her to be IN distress
ran down, aud reached her at eight O'Clock on the
morning az the Both OF March, the bark having at the
a signal of distress. The bark on being hailed re
pied that she wanted assistance and her master asked
th; captain OF the what be woull charge Cor
towing her 70 the Delaware breakwaer. The captain
said would not TOW her there bu. would tow her TO
Now York for sa,oo0 The master said he would let
thc 20 ashore rather than pay much aud offered
s2C01 The captain then offered to tow the bark into
Now York harbor for So 0o0 but tho master refusing
the captain started her ahead to leave, shortly
aftcs which consented give the SIS, COO
and tho took her In and anchored her or
tina Battery East Alter a careful considera-
sion Of the subject the Judge decided that the sum
agreed upon, namely. $4,000, was not an unreasona
bio compensation for the service rendered, that
tho agreement to pay Il was made under such crcum
that the fixed By that agreement ought not
10 DO tax the measure OF the saivase ccmpensa
ton lie therefore awarded TO the lbalant the sum OF
$4,000, with interest from April 80, that amount 10 be
appor,oncd between the vessel and tie by COM
missioner, IL not otherwise fixed By the parties.
Collision Case.
Joi Collins, Jr., li6sla'a vs The St'ps y. O. Scranton
and Emerald Ie-Ths lbelant, already reported in
shc HsRstp, was the charterer OF tho steamer John
Hart plying between New York and Norwsik, who
claims compensation for injuries dono the steamer by
the Scranton and the Emerald Isle which, he alleges
came into collision with tho John Hart at ono
or the piers the East river while both
vessels were struggling with each other TO get into
BERTH the evidence closed both sides, and the
c0se now came on for argument on the summing up
Mr. Charles Donohue, for tie ilboilant claimed that
scranton and the Emerald Isle struggling in the
they did 70 get into berth, acting improp.
erly and that f only OF them caused the injuries
thc john Hart both we're Liable, they wore acting In
pursuit OF improper purpose. Mr. Lord and Mr.
Williams were heard for the respondents