Page:Federal Reporter, 1st Series, Volume 5.djvu/469

 COFFIN V. BEIG AKBAR. 457 �3. Same—Chew— Extra Laeou. �Eeld,further, thatthe extra labor cast upon one of the crew of tho Akbar by tlje sickness of the rest did not give hiin a right to claim salvage.— [Ed. �W. R. Beehe and W. R. Darling, for Coffin. �A. J. Heath, for the brig. �Hand e Bonney and E. S. Hubbe, for claimants of the cargo. �Benbdict, D. J. This is an action brought by the ownera and crew of the brig L. F. Munson to recover for a salvage service rendered to the brig Akbar. The facts are as follows : In July last the brig Akbar was in the port of Havana, load- ing with sugar for Ne\\' York. At that time Havana was infecied with yeliow fever, and many vessels had lost part of their crews while lying there. Among others the captain of the Akbar was taken with the feverj and on the sixth of July he died of that disease in the eabin of the brig. Four days after, the loading having been oompleted, the brig sailed for New York in command of Moody, her former chief mate. Her crew at sailing conaisted of Moody, now master; Free- man, formerly second mate, now chief mate; the cook, and five seamen. On the twelfth day of July, when two days out, Moody, the captain, was taken with yeliow fever, and also one of the seaman. On the 13th another seaman was taken with the fever, and on the J4th still another. On the 15th one of the seamen died of the fever, and another was taken sick. Freeman, the mate, was also ailing, but able to keep about. �At this time there was but one well man. Peter Green, on board the vessel, and two of the sick were at the point of death. In this emergency, Freeman set a signal of distress. to call the attention of a schooner that hove in sight. The schooner run down to within a quarter of a mile of the brig, and then bore away without speaking, surmising, no doubt, that the brig had disease on board, from the fact that she exhibited no loss of spars or other in jury. Shortly after- wards the signal was seen by the brig L. F. Munson, and she at once bore down to her. When within hailing distance the captain of the Munson leamed from the Akbar that there wast ����