Wilson v. Winchester

Wilson v. Winchester. (District Court, E. D. New York. October 22, 1886.) Salvage — Fire—Schooner at Pier — Hauled into Stream — Award — Additional Costs. A fire broke out in oil-works not far from the pier where the respondent’s steam-schooner lay loaded with case-oil. Libelant’s tug took hold of her, and drew her out into the stream. Held, that the service was a salvage service, for which libelant should recover §200, besides §25 added to his taxable costs. In Admiralty. Alexander & Ash, for libelant. Benedict, Taft & Benedict, for respondents. Reported by Edward G. Benedict, Esq., of the New York bar. [MAJORITY — Benedict, J.] Benedict, J. The service rendered by the libelant, was clearly a salvage service, entitled to be compensated as such. The bill of $200, presented by the libelant for his services, was, in my opinion, a reasonable bill, under the circumstances, and should have been paid. I award the libelant, therefore, that sum as his salvage reward. For that sum, together with his costs, he ma¡y have a decree, and I add $25 to the taxable costs, in order to reduce by so much the libelant’s expenses of the litigation made necessary by the defendants’ refusal to pay the libelant’s reasonable bill.