Boggs v. The Loutra
District Court, S.D. New York
[In admiralty. Libel by Walter D. C. Boggs against the brig Loutra for alleged salvage services. The brig was a Portuguese vessel of about 100 tons burden, found by the steam tug Huntress, on the 15th of January last 15 or 20 miles below Sandy Hook light, on the coast, with a signal up for a pilot. The tug took her in tow and brought her into this harbor, without injury or exposure to the tug or her crew, within a period of 3 to 5 hours.
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[In admiralty. Libel by Walter D. C. Boggs against the brig Loutra for alleged salvage services. The brig was a Portuguese vessel of about 100 tons burden, found by the steam tug Huntress, on the 15th of January last 15 or 20 miles below Sandy Hook light, on the coast, with a signal up for a pilot. The tug took her in tow and brought her into this harbor, without injury or exposure to the tug or her crew, within a period of 3 to 5 hours. The service was all performed in the day time, and in moderate weather. The libellant proves on his part that the master of the brig agreed to pay $2,000 for…
1Opinion of the Court
THE COURT
held that the service was ■one of towage, merely, and that the sum demanded was unreasonable and exorbitant; that, if the master had made such agreement under apprehension of the loss of his vessel, the court would not enforce it against him; but that in this case the brig was in no peril, and the tug was entitled to no more than a fair compensation, which, on the facts, was adjudged to be 200 milreas, or $224, without costs.
2Cited by1 opinion
- Dilkes v. JansenCourt of Appeals for the Fourth Circuit · 1919