The Columbus

• Decision Date: 03 May 1895
• Docket Number: 9.
• Citation: 67 F. 553
• Parties: THE COLUMBUS. v. GARVER. THE SCOWS NOS. 6, 8, 11, and 12. MUNN
• Court: U.S. Court of Appeals — Third Circuit

67 F. 553

THE COLUMBUS. THE SCOWS NOS. 6, 8, 11, and 12. MUNN v. GARVER.

No. 9.

United States Court of Appeals, Third Circuit.

May 3, 1895

Horace L. Cheyney and John F. Lewis, for appellant.

J Rodman Paul, for appellee.

Before ACHESON and DALLAS, Circuit Judges, and BUFFINGTON, District Judge.

DALLAS Circuit Judge.

This is an appeal from a decree in admiralty. The libel was filed against three dredges and twelve mud scows, characterized as 'forming together a mud-dredging plant'; and of these there were attached one dredge and four scows. The libelant sought to hold the latter jointly liable for towage rendered by two tugs to any and all the scows and dredges, upon the ground 'that the services of the said tugs were rendered to all the dredges and scows constituting the plant of said dredging company as such services were needed by those operating the plant, and that the services were rendered to the plant as a whole, and were necessary for operating the same properly, and that the services were rendered on the credit of said plant, and not on the credit of the owners thereof, who are unknown to the libelant,' etc.

The case was heard below and in this court upon an agreed statement of facts, as follows:

'The libelant is part owner and managing owner of the tugs Philadelphia and Alert. In the year 1891, James A. Mundy &amp Co. entered into a contract with the United States for the removal of Windmill and other islands in the Delaware river, opposite Philadelphia, and for the deposit of the material removed therefrom upon League Island. To carry out this work, James A. Mundy and others organized under the laws of the state of New Jersey a corporation known as the 'Philadelphia Dredging Company,' and this dredging company, or James A. Mundy and others associated with him, purchased and secured a dredging plant,--i.e. a number of dredges, scows, and towboats,-- to be used in the same operation of dredging for the prosecution of the work of the removal of these islands. This plant was made up of two dredging plants, one known as the 'Philadelphia Plant,' and the other as the 'Thompson Plant.' The Philadelphia dredging plant consisted of the dredge Starbuck and three bottom-dumping scows, Nos. 13, 14, and 15. The Thompson plant consisted of the dredges Columbus, America, and Norwalk, and the tug Bowen, and the scows Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12. These two plants were used and operated as one by the Philadelphia Dredging Company. The dredges above mentioned were anchored at the islands which were to be removed, and, as the earth was excavated, it was deposited upon the scows by the dredges in the manner usual in dredging operations. By the contract with the United States government, the material excavated from the islands was required to be deposited upon League Island, at a distance of about six miles from the scene of the dredging operation, and, to receive the excavated material, the above-mentioned scows were employed. They were bottom-dumping scows, constructed in the usual manner, and lacked any facilities whatever for propulsion, either steam or sail, or for steering, and it therefore became necessary to supply additional tugboats to tow the loaded scows down the river to League Island, and the empty scows back to the dredges to be refilled. In 1892 the Philadelphia Dredging plants, entered into an arrangement with libelant for the towage of the scows from the dredges to League Island and back, and for such moving of the dredges as might be necessary, and agreed to pay the sum of $26 per day for the tug Philadelphia, and $30 per day for the tug Alert. During the months of July and August, 1892, the tug Philadelphia rendered said towage service properly for 30 days,-- during November 26 days, and during December 20 days,-- for which the sum of $2,054 became due to

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