The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-16

Claims for Salvage on the Monitor Comanchc-
steam Boiler Explosions Peril of Navsgn-
tion-Liabilities of Substituted Consignees--
Jurisdiction Of State Courts in Questions of
Local observation-disclosures OF the Bar ON the
Death of Robert J. Walker.
WASHINGTON, Nov. Is, 1869.
No. 15s. Materials or the Monitor C0nsdnche as.
The coast Wreching Company OF Ne,o York. ADgeGt
n'oo. me circuit court tor the District or Cotgor
nta.-rhe lbcants In this case are the Coast
wrecking Company chartered by the Legislature OF
New York, which in the early part OF tne year 1864
sent practiced crew to San Francisco FOR the pur-
pose of raising the materials intended for the con-
struclion OF the monitor Comanche, sunk In the
harbor on board the slp Aqula the vessel OF trans.
portaton from New YORK. the undertaking was IN
pursuance OF contract with the Board Of Underwrit
ers which stipulated a certain sum IN payment
for the service. The work being accomplished, and
having been attended with greater danger and ex-
pepse than had been expected, a claim for salvage
was preferred, but was not acceded to. This action
was then brought and resulted In favor of the Iuel
lanJs. The case was then brought here, the argu-
ment being that the Coast Wrecking Company can
not claim as a salvor, because savior Is VINO
renders personal service, and the claim must be
made by the persons engaged therein. IL its claim
were allowed payment would be no protec-
ton TO the claimants OF the materials against
the employees, each OF whom could claim
In his own name. Another point was tnat
the service was not or salvage. but unoer
contract. Mr.. Justice Clifford now delivered
the opinion OF the court holding that the objection
that the Coast Wrecking Company as such cannot
claim salvage cannot be maintained, and tue sal
wage must be allowed. IL IS considered that the long
established principle tnat the OWNERS OF snips en-
gagged in sucn service, although themselves not par
ticpating, are entitled 10 saivageS, VIII apply 90
CORPORATION In the same position. Corporations
therefore may be salvors. The point that tue work
was done under contract and that there can be no
claim for salvage for that reason is also oyerrued,
and many cases are cited 10 which the claim Tor
salvage was allowed where u contract existed IL
appearing that the WORK had been attended with
greater risk aud danger than anticipated at the time
on tho contract Decree affirmed.
No, los. BGi7'et Us. The Propeller MohGick. an
ApDeal rom me circuit court for The Northern DIS
tftct Of Iutfois.-ihe steamer Mohawk was engaged
TO transport wheat rom Chicago to Buffalo, and the
oay after starting on the voyage she grounded in
the channel on the ST. Clair nats, and wnilc trying
10 get OF and pass another vessel also there
grounded she burst her boiler, and sinking occa-
stoned nearly a total loss Oh the cargo. SUITS IN
admiralty were subsequently brought by the parties
Tor whose account the wheat was shipped, ana the
defence was that the vessel was III good and sea-
worthy condition when she left port, and continued
80 until she grounded; that tue explosion OF the
boiler was not caused by any neglect or careesness
on the part OF the vessel or her officers, aud must
be considered peril OF navigation. on the other
hand, II was Insisted that the explosion was not
danger OF navigation, and the carrier Is liabie LOT
the damage occasoned by H. The Dill was dis
missed, the court sustaining the theory OF the
defence, and this court afilrnls that view ny an
opinion delivered by Nh Justice Nelson. 49,,
No. lis. D'dkelg d. FSftJR oS. Gregg a.
H,Sghes-E7'o 10 the circuit C0ttiTf0r me DbnJct
or Maryland The principal question III TINS case IL
the right OF the plaintiffs Ia error tbhe deenoanV5
below to lien for their general balance as commits
sion merchants on the proceeds OF two conslgn.
ments them at baltimore OF pork, harns ana
shoulders made at Chicago by hrm having tue
equitable interest therein. WITHOUT the Goowiedxa