Maritime History of the Great Lakes

Marine Review (Cleveland, OH), 11 Aug 1892, p. 12

The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

£2 A libel brought by the Herreshoff Manufacturing Company, - famous yacht builders of Bristol, R. I., against the steam yacht Now Then, brings out a decision from United States District Judge Wales that may well be noted by other builders who en- | gage in the business of making repairs. J. E. Addicks bought the yacht from the Herreshoffs, causing the bill of sale to be made out to his wife, and changing the home port of the yacht to Wilmington, Del. Later he sent the yacht to Bristol for re- pairs to her boiler, for which he refused pay on a bill being pre- sented, claiming that the company had warranted the boiler for one year. Without paying any attention to the claim of the boiler being warranted, the court dismissed the libel with a rul- ing of which the following is a summary: "Tf necessary repairs and materials are made and furnished to a vessel in a port other. than her home port, the presumption is that they are made and furnished on the credit of the vessel, unless the contrary appears from the evidence in the case. Credit is presumed to be given to a vessel only when repairs are made under such 'circumstan- ces on the orders of the master. When repairs are made on the orders of the owner the presumption of credit to the vessel does not arise, and in that case a lien will not exist except by express contract of the parties. In other words, when the work is done by the order of the master a lien is implied, but for work done by the order of the owner no lien will exist unless provided by W. F. COBB, _Vice-PRESIDENT. w= = MARINE REVIEW. W. |. BABCOCK, MANAGER. - = P foe a gees agreement. 'The reasons assigned for the distinction is that the master is supposed to be without funds or personal credit, and the repairs, if made at all, must be presumed to be made on the credit of the ship unless there be evidence to the contrary; but where the work is done on the order of the owner, who is sup- posed to have credit, the presumption is reversed. Without entering upon a discussion of the rules it is plain from the evi- dence that the libelant must seek to recover by a libel 2" person- am, or by an action at law. A salvage case of considerable interest on account of the large award granted by the court, was recently decided by Judge | 'Locke, of the United States district court, southern district of Florida. The steamer T'regurno went aground in December ~ last on the Florida coast, and was without assistance for three days, when two small vessels reached her. They at once got an. ~ anchor and heavy chains into deep water, but before they could make fast night came on with a heavy storm, during which the steamer was driven onto a rocky bottom. Other vessels arrived within the next two days, when there were in all fifteen of them with 200 men, but their aggregate tonnage was only 489 tons. They were also joined by a small wrecking schooner. The whole force was engaged twenty-five days in taking out the 'cargo of cotton and carrying it to Key West, a distance of 158 ' miles, a'revenue cutter assisting by towing some of the vessels two trips. 'They saved almost the entire cargo. Finally a wrecking vessel arrived from New York, and though her serv- ices were not. absolutely necessary they were accepted, and the 'steamer was got off and taken to Key West. She was appraised at $90,000 and her cargo at $115,000. The court held that 25 per cent. would be proper compensation for the whole service, but in view of the aid rendered by the revenue cutter and the 'New Vork vessel; for which the latter was compensated by the claimants, there should be allowed but 22% per cent. O. R. SINCLAIR, Boe SECRETARY. Curcaco Sure Burivine Company, STEEL STEAM-SHIP BUILDERS, TELEPHONE No. 40. (South Chicago Exchange.) Lake Erie Engineering Works, Buffalo, N.Y. JOHN COON, Sec'y and Treas. (Oist St. and Calumet River, COLBHOUR, ILLe RICHARD HAMMOND, Pres't. = eae FE a et aes abn. Steam Engines, Compound, Triple Special Designs ater i for Cable and Quadruple =<" salutes Expansion @den Ale te = Railways and Engines, Electric Power From 250to 10,000 -- Plants. Horse Power 3 For Marine and The Best Economy Stationary and Regulation Service. Guaranteed. aAAAAAAAAAAA ALA ----.-- ~ "4 a Tr BEST SSOuUIrSED PLANT In 42a.

Powered by / Alimenté par VITA Toolkit
Privacy Policy