New York & C. Mail S.S. Co. v. The G.W. Jones

• Decision Date: 12 January 1892
• Citation: 48 F. 925
• Parties: THE G. W. JONES. [1] v. THE G. W. JONES. NEW YORK & C. MAIL S.S. CO.
• Court: U.S. District Court — Southern District of New York

48 F. 925

THE G. W. JONES. ^[1]

NEW YORK & C. MAIL S.S. CO. v. THE G. W. JONES.

United States District Court, S.D. New York.

January 12, 1892

Carter & Ledyard, for libelants.

Butler Stillman & Hubbard, for claimants.

BROWN J.

In the afternoon of November 1, 1890, as the steam-ship G.W. Jones was getting under way from the outer end and the westerly side of the main wharf at Progresso, the fluke of her anchor on which she was heaving, broke, and, a strong wind from the north-west catching her upon the starboard bow, she swung off, and stranded broadside upon the beach. Repeated efforts were at once made, by heaving upon the lines leading to the wharf, to pull her off the beach, but without success. Her winches were stranded, and several lines 'of the best manilla rope' were broken. The sea was choppy, the wind fresh, and it was near high water. There was no danger of wreck unless a northerly storm should come up, but the master deemed it dangerous to leave the vessel in that condition overnight, lest she should work higher up on the beach and deeper in the sand. After some negotiation, a written contract was made with the master of the libelants' tug M. Moran to haul her off the beach to a safe anchorage place for $2,500, with $500 additional in case the tug should suffer damage to her hull, engines, rigging, or hawser. This agreement was made about 7 P.M. The tug procured hawsers, got at work upon the steamer at about 8 P.M., and at 9 succeeded in getting her afloat, and thereafter took her about three miles out into good anchorage ground, completing the service at about 1 A.M. the same night. The next day being Sunday, the master of the steamer on the day following gave a draft on New York for $2,500, the sum agreed on, which was not accepted or paid and the above libel was filed to enforce the contract for the salvage service.

The answer admits the service, but avers that the ship was not in a dangerous position; that the so-called agreement 'does not constitute a contract, in that the captain of said steam-ship was compelled to sign said papers by duress and compulsion, and in that he had no authority from the owners of said steam-ship and cargo to sign it, and in that he did not communicate with the owners, which he might easily have done. ' It does not aver that the amount was unreasonable or excessive. The testimony of the master, as well as the libel, shows that he feared that the steamer might be driven up further on the beach during the night, unless she was immediately hauled off. The circumstances show that this apprehension was justifiable. It was his duty, therefore, to procure any aid at hand that could be reasonably procured for the immediate relief of the steamer. His authority as master to...