The Carl Schurz
District Court, W.D. Tennessee
In admiralty. cited: Post v. Jones, 19 How. [00 U. S.] 150, 161; Rutter v. The Ferris [Case No. 12,17S]; 4 Abb. Nat. Dig. p. 103, pi. 104; The Zealand [Case No. IS,205]; Spencer v. The Chas. Avery [Id. 13,-232]; Two Hundred Ten Barrels of Oil [Id. 14,297]; The Waterloo [Id. 17,257]; The Rising Sun [Id. 11.S5S]; The Jubilee, 3 Hagg. Adm. 43, note; The Bastiaan, 5 C. Rob. Adm. 323; The Wm. Hamilton, 3 Hagg.
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In admiralty. cited: Post v. Jones, 19 How. [00 U. S.] 150, 161; Rutter v. The Ferris [Case No. 12,17S]; 4 Abb. Nat. Dig. p. 103, pi. 104; The Zealand [Case No. IS,205]; Spencer v. The Chas. Avery [Id. 13,-232]; Two Hundred Ten Barrels of Oil [Id. 14,297]; The Waterloo [Id. 17,257]; The Rising Sun [Id. 11.S5S]; The Jubilee, 3 Hagg. Adm. 43, note; The Bastiaan, 5 C. Rob. Adm. 323; The Wm. Hamilton, 3 Hagg. Adm. 16S; Derelict Unknown, Id., note; The Susan [Case No. 13,630]; 2 Pars. Ship. & Adm. 263, 2SL 310, 312. cited: The Minnie Miller [Case No. 9,G3S]; Nicker-son v. The John Perkins [Id.…
1Opinion of the Court
HAMMOND, District .ludge.
The question reserved at the hearing grows out of the following state of facts: The libellant raised the sunken vessel at an actual expenditure, as he testifies, of $5GS.9D, for labor of hands employed by the day, hire of flats, crabs, jacks, and other tools efnployed in the work, and the compensation of a diver and his assistants. The vessel was not derelict, her owner and captain remaining all the time during the work with the boat. I think there is no doubt that the preponderance of the proof shows that too much time was expended by the libellant in the work, and…
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