McConnochin v. Kerr
District Court, S.D. New York
In Admiralty. On July 14,1880, about 2 o’clock a. m., the iron steam-ship Pomona, while on a voyage from New York to Montego bay, was attracted by signals from the iron steam-ship Colon, which was lying nearly in her course, and bore towards her. As she approached she was met by a small boat from the Colon, bearing a request from the latter’s captain for an interview.
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In Admiralty. On July 14,1880, about 2 o’clock a. m., the iron steam-ship Pomona, while on a voyage from New York to Montego bay, was attracted by signals from the iron steam-ship Colon, which was lying nearly in her course, and bore towards her. As she approached she was met by a small boat from the Colon, bearing a request from the latter’s captain for an interview. The Pomona’s captain thereupon went aboard the Colon, and was informed by the latter’s captain that he wished to be towed to Fortuna island to repair his machinery. The after crank-pin of the shaft of the Colon’s engine was…
1Opinion of the CourtWallace, J.
The appellants, members of the crew of the steamship 'Pomona, filed their libel against Kerr, the owner, and Mahlman, the captain of the steam-ship, to recover their share of $3,025.75, alleged to have been received by Kerr and Mahlman for salvage services rendered by the Pomona to the steam-ship Colon. The district *547court dismissed the libel for the reason that the sum received by the appellees was not paid to or received by them for salvage services rendered by the Pomona, but for towage services.
If the payment was received as salvage compensation for the entire service rendered by the…
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