Compagnie Bordelaise de Navigation à Vapeur v. The California

36 F. 563, 1888 U.S. Dist. LEXIS 183
District Court, E.D. New York·Decided October 3, 1888·Published·Cited by 2 cases

Opinion

Benedict, J.

This is an action to recover salvage compensation for services rendered to the steam-ship California by the steam-ship Chateau Margaux, in April, 1888. ' The California was a German steam-ship, bound on a voyage from Hamburg to New York. The Chateau Margaux was a French steamer bound from New York to Bordeaux. It appears by the statement of the master of the California that on the morning of the 5th of x\pril the engine of the California stopped by reason of the breaking of her high-pressure piston, and could be no longer used. The steamer was then about 300 miles to the eastward of Sandy Hook. She was brigantine rigged. In the afternoon of the 5th the wind began to freshen. During the night of the 5th the weather was very stormy, and the ship drifted very hard to the north-west, so that the soundings shoaled from 55 fathoms to 31 fathoms between noon of the 5th and 5 o’clock in the morning of the 6th. It was reckoned that the steamer by midday of the 5th had made three miles under sail. Between 4 p. m. and 8 p. M. of the 5th it was reckoned that ten miles were made. Between 8 p. m. and 12 p. m. of the 5th eight miles were made, the wind then blowing hard from the southerly. From midnight of the 5th to 4 A. M. of the 6th, wind still blowing hard from the southerly, the steamer was estimated to have run eight miles. At 4 p. m. of the 6th the wind was shifting to westward, and the soundings showed 31 fathoms, with fine sand. Between that and 8 p. m. of the 6th the steamer drifted into deeper water. She could do little in the way of steering. At 12 p. m. of the 5th the log says:- “Had no steerage-way on the ship.” The entry of the [564] log at 4 p. M. is: '“No steerage-way on the ship.” The same entry was made on the next watch, and also from 8 o’clock a. m. till noon. At 4 o’clock of the 6th the ship wore around on the southern tack. She could not tack. In the afternoon of the 6th the log. says: “Tried to wear, but the ship refused to obey the helm, and we were obliged to continue on the same course as before.” This was because she was in a cross sea. The log on the morning of the 7th contains the same entry. The ship at this time refused to obey because there was no wind. On the morning of the 7th the steamer was about 56 miles from Nantucket shoals and 67 miles from St. George’s banks, an$l 54 miles from the Bavis bank. She had taken aboard a pilot at 8 p. m. of the 6th, and the weather was fine.' Between 5 and 6 a. m. of the 7th the Chateau Margaux hove in sight. The California displayed a flag of distress, and a signal that she wished to be taken in tow. The Chateau Margaux bore to her, and a request was sent by the master of the California that the Chateau Mar-gaux would tow the California to New York. To this the master of the Chateau Margaux assented, at the same time in writing calling the attention of the master of the California to the fact that instead of taking her to Halifax he retraced his steps at the request of the master of the California, and for her convenience. The Chateau Margaux having taken the California’s hawser,'towed her into the port of New York in safety, and there left her at anchor at 6:25 p. m. on. the 8th of April. The Chateau Margauxcwas able to make with the California in tow some eight miles an hour. In the performance of the service no damage was sustained by the Chateau Margaux, save only he'r thrust shaft became heated and burned, requiring a day’s extra labor by the engineers to repair it. The weather was for the most part fine. In the afternoon of the 5th the wind increased, and hauled to the west-north-west, and became fresher, and the vessels strained so much that it was deemed wise to put out a second towing hawser. Whereupon the steamers were stopped, and the Chateau Margaux'lowered her small boat with the first officer, who went to the California, and took a steel wire hawser shackled from the starboard anchor chain of the California, and made it fast to the starboard quarter of the Chateau Margaux. The sea was high, but not breaking. The service was attended with some danger. At the same time a series of night signals were arranged between the masters, providing for a display of rockets in case of anything wrong. The vessels crossed Sandy Hook bar without accident on ,the morning of the 8th of April, and at 6:25 of that day the towing line of the California was cast off at quarantine, and both vessels came to anchor. ' The following day the Chateau Margaux was engaged in endeavoring to procure coal and other necessary supplies. The bearings of the thrust shaft were replaced. On Wednesday it was too foggy to go to sea. On Thursday she sailed again upon her voyage, having lost about a week by reason of this service. The cabin passengers were naturally restive during the delay, but limited their action to complaints. When the Chateau Margaux arrived at San-tander and Bordeaux, although she was under extra expense, she was unable to depart from Bordeaux on her sailing day. A detention of two [565] days beyond her return sailing day occurred, during which time she had to maintain 160 passengers at additional expense. The disbursements of the Chateau Margaux caused by this service, for pilotage, coal, oil, engine-room supplies, provisions, etc., amount to $2,000. The value of the Chateau Margaux is about $400,000. Her cargo was worth $150,000. The freight and passage money amounted to about $18,000. The value of the California, as shown by her subsequent sale in her home port, was $173,000; cargo and freight, $75,000; passage money, $12,-650; amounting in all to $260,650.

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Compagnie Bordelaise de Navigation à Vapeur v. The California, 36 F. 563, 1888 U.S. Dist. LEXIS 183 (E.D.N.Y. 1888).

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