Legal Opinion

The Homely

District Court, E.D. New York

Decided July 15, 1876PublishedCited by 3 opinions

An English brig, the Homely, coming at night, loaded, into the harbor of New York, engaged a tug, the C. F. Ackerman, to take her up the bay, on a hawser. The brig drew 14 feet, and the tug was notified that she-drew so much and was directed to keep a north-west course and in deep water; but no further directions were given or control taken by the pilot on the brig.

Read the full summary

An English brig, the Homely, coming at night, loaded, into the harbor of New York, engaged a tug, the C. F. Ackerman, to take her up the bay, on a hawser. The brig drew 14 feet, and the tug was notified that she-drew so much and was directed to keep a north-west course and in deep water; but no further directions were given or control taken by the pilot on the brig. No one was-on the stern of the tug to receive signals from any one on the brig, and the tug proceeding on the course of her own selection presently brought the brig aground on the-tail of the Romer Shoal. The tug left her, being…

1Opinion of the Court

BENEDICT, District Judge.

It appears tome that the sum of $2500 is too large compensation for the service rendered. For such a service rendered, under the circumstances, $1250 would be a reasonable and not illiberal reward.

But I do not consider the Ackerman entitled to any compensation for her portion: of this service, for the reason that by her negligence the brig was placed in the position to require the assistance rendered. L am unwilling to permit that a tug employed to tow a vessel into the port should, through want of care, tow the vessel upon the Romer Shoal and then receive salvage…

2Cited by3 opinions

  1. Greenwood v. The FletcherDistrict Court, S.D. New York · 1890
  2. Brooks v. Steamer AdirondackDistrict Court, S.D. New York · 1880
  3. The Charles C. ListerDistrict Court, S.D. New York · 1909

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API