Page:Federal Reporter, 1st Series, Volume 5.djvu/118

 106 FEDERAL REPORTER. �tion to their respective -wages, they ranking for this purpose as ordi- nary seamen. �Also held, that the presumption is that prepaid f reight can be recov- ered back as not earned in case of the loss o£ the cargo, and there- fore should be considered as part of the property saved to the ownera of the ship. �E. L. Owen, for libellants. �S. B. Ransom, for petitioner Riley. �Henry T. Wing, for claimants of vessel. �Lorenzo UUo, for claimants of cargo. �Choate, D. J. This is a suit for salvage. The libel was filed by the owners of the British steam-ship Thanemore and her master, for themselves and ail others entitled, against the Norwegian bark Lovetand, her freight and cargo. The Lovetand, of 404 tons register, beiug on a voyage with a cargo of fruit from Messina to New York, came into collision with the British ship Eimsdal in about latitude 40 deg. N. and longitude 70 deg. W., a short distance to the southward of the Nantucket South Shoal light-ship, whareby ail the masts spars, sails, and everything above deck on the bark werecar- ried away, and she was left in such a condition that her master and crew abandoned her and went on board the Eims- dal, which was bound for Liverpool. Not long after she was abandoned, she was, early in the morning of the seventeenth of April, 1880, sighted by the Thanemore. The master of the Thanemore, seeing that she was a wreok, sent his second ofiScer and three or four men in a boat to board her, to ascertain if there was anybody on board. Upon the report of the mate that there was nothing alive on board, and that she had a cargo of fruit, the master of the Thanemore, after some hesi- tation on account of the state of the sea and the weather, determined to attempt to tow her into port. The Thanemore was a freighting steamer of 1,547 tons register, running between London and New York, and was then bound from Cardiff for New York in ballast, with a Crew of 36 men, ail told, and with 18 men on board who had gone out in her on her last voyage in charge of her cargo of cattle. After several hours' labor, and with no little difficulty, owing to the high ����