Page:Federal Reporter, 1st Series, Volume 10.djvu/597

 IIIE LEIPSIC. ���585 ���The Leipsio.* {Circuit Court, S. D. Nm York. February 7, 1882.) �1. Salvage Sekvice. �The 8team-ship L., bound f rom Baltimore to Bremerhaven, broke her shaf t when about 320 miles from Sandy Hook. Aller endeavoring for seven days to reach the nearest port of the United States under sail, during which tiiiie she refused oliers of assistance, her captain, when within 125 miles of Sandy Hook, signalled for assistance and requested a passing bark to send aid. The bark, af ter proceeding some 40 miles, spoke the steam-ship U., bound from Newport, Eng- land, to Baltimore. The G. weiit to the assistance of the L. and towed her to New York. Hdd, to be a salvage and not a mere towage service, and that the crew of the G. were entitled to share in the award. �2. Bame— Compensation — Agreemknt betwben Captains. �The captains of the two steamers, before the L. was taken in tow, entered into an agreement whereby the G. was to tow the L. to Sandy Hook for the sum of £3,000, " but leave it to the court to prove the said agreement." Held, that the agreement was made subject to the approval of the court as to the amount, and that the court should award a proper compensation, on a quantum meruit, notwithstanding the agreement. �In Admiralty. On appeal from the district court. �Loretizo UUo, for libellants. �William D. Shipmam, for claimant. �Blatchfobd, C. J. In this case I find the following facts : �The screw steam-ship Leipsio, o£ about 2,000 tons burden, one of the reg- ular Une of steamers of the North German Lloyd, plying between Bremer- haven and Baltimore, left the latter port, bound for the former, at 2 p. m. on the fourth of September, 1879, with a general cargo and 12 steerage passen- gers. She passed Cape Henry on the 5th, at 4 : 45 A. M., and proceeded to sea. On the 6th, while the weather was fine, the wind northerly, and the ship run- ning at about 10 knots, that portion of her propeller shaft known as lier " first transmission shaft " broke. This accident deprived her of the power of pro_ pulsion by steam. She was then in the gulf stream, in latitude 37 deg. 58 min. N., and longitude 68 deg. 43 min. W., and about 320 miles from Sandy Hook. Her sails were all set, and she was immediately hove to in order to disconnect her screw-shaft from the remainder of the shafting between the screw-shaf t and the point of the fracture, so that the screw-shaft could revol ve freely when the ship was in motion. This was done by dropping down that portion of the shaft between the fracture and the screw-shaft. Then, when the vessel was in motion, the screw-shaft revolved freely in its bearings. The ship was then put under sail on a W. N. W. course, intending to reach the nearest port on the Atlantic coast of the United States. She was in all respects, except as to the injury to her macliinery, stauncb and strong, well �*Reported by S. Nelaon White, Eaq., of the New York bar. ��� �