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A > = => — = =I = > > = = = ns 0 HE recent decision in the case of GuapraTor, 223 Federal Reporter 381, holds that a vessel at fault for a collision, will not be allowed de- murrage for the time lost by her in con- sequence of her attempt to save the in- jured vessel. * Ok It was held in the case of Schirm vs. the Dene Steam Shipping Co., 222 Federal Reporter 587, that it was not negligence to fail to equip a stationary iron ladder 16 inches wide, of 9 rungs placed 11 inches apart, and with a rake of from 1 foot to 2 feet 9 inches, with hand rails. x * x The owner of a barge sunk in a col- lision in a navigable stream is entitled to reimbursement for the necessary ex- pense of raising it to determine whether it can be repaired advantageously or not, according to the decision in the case of the Louisville & Cincinnati Packet Co. vs. the United Coal Co., 223 Fed- eral Reporter 300. x * x The civil code of Louisiana, article 3237, giving a privilege to persons in- jured by any carelessness, neglect, or want of skill, in the direction or man- agement of any vessel, was held, in the case of the Tropical Fruit Steamship Co. Ltd; vs; Towle, 222 Federal Re- porter 867, not to apply to a seaman in- jured on board a vessel through the negligence of officers _ charge thereof. A gangwayman employed by a steve- dore to signal the winchman when to hoist bales of cotton and lower them ‘into the hold of a ship, and an employe, whose duty it was to stow the cotton, were held, in the case of the Gulf Transit Co. vs. Grande, 222 Federal Reporter 817, to be fellow servants, so that. the stevedore was not liable for injuries to the stower, caused by the gangwayman giving a signal prema- turely to the winchman. Silt and mud are a navigable part of a river, according to the case of steam dredge No 6, 222 Federal Reporter 576. The same case holds that the Harlem river is a public place within the laws of New York, giving the right to lay gas mains in public places, so that a main laid in such river, so as not to in- terfere with navigation, is a lawful structure. The same case further holds that a dredge is not liable for injuries to such a gas main, where neither the ‘owner nor master knew of its presence nor had reasonable notice to insure . watchfulness. * Ok Ox . ‘Salvors are bound to exercise reason- able care and such a degree of prudence and skill as persons in their condition ordinarily possess, and may fairly be expected to display. This rule was re- JJUUttVH]HECttCI tt t= “!|/i.T"c:tiisiiiiitrtiiiiiiiiisiistsiiKticiiisiiisttttiititsiniMies Legal Tips For Ship Owners and Off Specially Compiled for The Marine Review By Harry Bowne Skillman Attorney at Law cently restated in the case of Dorring- ton vs.. Ciry or Detroit, 223 Federal Reporter 232, where the court further declared that the test to be applied is good faith and reasonable judgment and skill. Decisions were quoted to show that where a salvor is guilty of negli- gence there may be not only a for- feiture of all right of salvage, but also an affirmative award of damages against the salving vessel. a, Xk Congress having not as yet legislated in regard to injuries to employes oc- curring in interstate commerce by water, it was decided by the Connecticut su- preme court of errors, in the case of Kennerson vs. Thames Towboat Co., 94 Atlantic Reporter 372, that a state there- fore may do so, and that the Connecti- cut workmen’s compensation act, pro- viding that such act shall not affect the liability of employers engaged in inter- state or foreign commerce, where the United States laws provide for com- pensation for death or injury, does not render the act inapplicable to the death outside the state of persons employed in Connecticut, whose contracts of em- ployment were to be performed on the navigable waters of Connecticut and. other states and on the high seas. *k OK Ok The decision in the case of Ralli vs. Societa Anonima Di Navigazione a Vapore G. L. Premuda, 222 Federal Reporter 994, is authority for the state- ment that in the law of England, Ger- many and the United States, general average is payable by cargo, notwith- standing negligence of the ship, if the charter party or bill of lading contains a clause exempting from negligence. It was further decided that, where in a suit for collision in an English court, both vessels were found at fault, and each recovered half its actual damage from the other, one which had been in part reimbursed by general average con- tributions from the cargo, although pro- tected from direct liability for its own half of such contributions by an ex- emption clause in its bill of lading, will not be permitted to retain the portion recovered from the other ship, but is liable to the cargo owners therefor. * OK OK District Judge Call, of the district court of the southern district of Florida, recently awarded $4,000 for salvage service by a tug worth $30,000 and havy- ing a crew of 10, to a ship worth $300,- 000, which was in peril for about one and one-half days because of the dan- ger of storms, the service, however, being rendered in calm weather. In this case, Lucia, 222 Federal Reporter 1015, Judge Call said: “Compensation for sal- vage service is more than a _ mere quantum meruit,and is allowed, in a sum that will not only recompense the parties engaged in the service, for the 340 SS hiss time and labor expended, but also that others may be induced to risk property, life and limb, to save property and life from the dangers of the sea. While this is true, the amount awarded should not be excessive, and thus amount to a further imposition upon property already in distress, nor an inducement to per- sons to make exorbitant and uncon- scionable demands on the rescued prop- erty, nor in such an amount as to excite the cupidity of the rescuers or of others called on to render like ser- vices.” *k OK Ox Statutes and authorities establish, according to the case of TEASER, 223 Federal Reporter 13, that when a steam vessel and a sailing vessel are approach- ing on such courses as to involve risk of collision, the duty devolves upon the steam vessel to keep out of the way of the sailing vessel, and this duty imposes not only the obligation to so navigate as to keep herself out of the way of the approaching sailing vessel, but, when she has a tow, the obligation of navigating with extreme care and with a high de- gree of diligence, to the end that she keep her fleet of barges out of the course on which the sailing vessel is approaching. Under such circumstances of approach, the sailing vessel should hold her course and keep her speed, - except in situations of imminent peril or extreme danger. The same case holds that while those in charge of barges are held to rules of ordinary skill and watchfulness in management, it is un- derstood that the higher measure of watchfulness and care rests upon the steam vessel which holds the barges in tow. Sk Late Marine Patents Copies of any one of the following patents can be obtained by sending 15 cents in stamps to Siggers & Siggers, patent lawyers, suite 11, National Union building, Washington, D. C., if The Marine Review is mentioned. No. Description. 1142851—Internal combustion engine; James haw, Lodi, Cal. : -1142915—Propeller; John L. Scott, Vermilion, O. 1142916—Propeller; John L. Scott, Vermilion, O. 1142949—Internal combustion engine; Thomas . Fay, Brooklyn, N. Y., assignor to The Goby Engine Co., a Corpor- ation of Ohio. 1142986—Collapsible lifeboat; George G. Schwa- bek, Baltimore, Md., assignor of one-third to William H. Zeigler, New Freedom, Pa. 1143131—Safety device for submarine or sub- mersible boats; Edward Lasius Pea- cock, Wallsend-upon-Tyne, England. 1143233—Device for attacking submarines and and the like; Louis Schramm Jr., Arniger, Md. 1143270—Automatic ship’s bell; Joel E.° Hud- son, Batavia, N. Y. 1143408—Internal combustion engine; Bernhard Kramer, Charlottenburg, Germany, assignor to General Electric Co., a Corporation of New York. a dle ad