The Hughes Brothers & Bangs, No. 49
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal by claimant from a decree awarding as salvage the sum of $2,500 against its scow Hughes Brothers and Bangs for services rendered by libelants in towing said scow from a point about 150 feet northeast of the lighthouse on Dry Romer Shoal to Dong Dock, Staten Island.
1Per curiam
We are unable to concur in the opinion of the District Judge that the scow was in extreme danger at the time when the services in question were rendered. She had been drifting about in the Lower Bay on a winter morning, when there was only a moderate wind and the tide was the beginning of flood or slack water at the last of the ebb. The claimant knew that the scow had gone adrift, and a tug sent by it to pick her up met her in the Narrows in tow of libelants’, tug. The evidence fails to show the draught of the scow, or that she would have been likely to suffer injury, if she had continued to…
2Cited by3 opinions
- Scows Nos. 1 & 10District Court, D. New Jersey · 1905
- The D. L. Co. No. XXDistrict Court, W.D. Washington · 1913
- The Viking No. IIDistrict Court, E.D. New York · 1930