The Varzin
District Court, S.D. New York
In Admiralty. Suit by the owñer of the steamer Erika against the steamship Varzin. This is a libel for salvage of the German steamship Varzin, a steel screw freight steamer of 4,470 tons gross tonnage, while on a voyage from Australia to Boston and New York with a cargo of wool. At 9:28 p, m., January 29, 1910, the Varzin broke her tail shaft about a foot from the stern post and aft of her water-tight bulkhead.
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In Admiralty. Suit by the owñer of the steamer Erika against the steamship Varzin. This is a libel for salvage of the German steamship Varzin, a steel screw freight steamer of 4,470 tons gross tonnage, while on a voyage from Australia to Boston and New York with a cargo of wool. At 9:28 p, m., January 29, 1910, the Varzin broke her tail shaft about a foot from the stern post and aft of her water-tight bulkhead. At that time her position as figured from an astronomical observation at noon on that day was latitude 37° 18' N. and longitude 63° 42' W'. She had therefore come near the end of her…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). The chief reason for making a liberal allowance in this case arises from the value of the property saved and its danger. As to the Erika’s own peril, undoubtedly, if the story of the engineer is to be taken literally, the ship was in considerable danger of breaking her own shaft, par-: ticularly on the night of the 4th and during the 5th, when both were pitching heavily, and when the wind was very high, even by the Var-zin’s own log, which gives it up to 11 on the Beaufort scale. In view of its contradiction by the Lloyd’s surveyor, I shall accept the…
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