Page:Federal Reporter, 1st Series, Volume 7.djvu/839

 THE 0. M. TIT08. , 827 �ing to impropei" Ibading, filedhis libel against both vessel and cargo, but voluntarily released the former bef ore decree, and the boat was afterwards discharged and took other employment withont under- going repairs ; �Hed, that the rule which requires the master to communicatewith the owners of the cargo, if practicable, beforc; hypothecating or con- tracting for a lien upon it for extraordinary expanses necessary to ena- ble hlm to continue the voyage, (i%ejMKa Biake, 16 Blatohf. 472,) ap- plies to a service of t^is character ; that the necessity for such services, •which in each case is governed by the peculiarcircumstancesattend- ing it, was not so pressing or immediate as to preclude the master in this case f rom Consulting the shipper before employing the libellant ; and that the latter, who presumably could have leamed on inquiry ■whoand where the shipper or ovynerwas, having failed tomakesuch inquiry, is bound by the facts as they were and cannot recover. �Whether the services in this case can properly be regardcd as salv- ftge, query. �HMjfurther, that as a salvage claim the libellant's demand, which was for 96 hours' services, was grossly exaggerated, as the boat could have been pumped out and made tight in a f ew hours, and that the cir- cumstances of the case tend to show collusion between the libellant and the owner of the boat prejudicial to the interests of the owner of the Cargo, and entitle the libellant's claim against the latter to no consideration whatever in a court of admirait/, and on this ground the libel should be disinissed, with costs �In Admiralty. �E. D. McCarthy, for libellant. �J. A. Bush, for claimant. �Choate, D. J. This is a libel for salvage against the canal- boat C. M. Titus. It is defended only by the owners of the cargo. The facts are as follows: May 22, 1879, one William D. Marvel, having his place of business in the eity of New York, engaged the canal-boat C. M. Titus to take a cargo of iron ore from the steamship Greece, then lying at pier 39, North river, (New York,) to Hoboken, to be there discharged along-side a railroad dock. This agreement was made with the master of the boat at Marvel's office in Nassau Street, New York. The master owned the boat. On the tweuty-third of May the canal-boat received 135 tons of iron ore from the steamship Greece, and her master signed a bill of lading therefor, agreeing to deliver the same at the "D. L. & W. E. E. dock, Hoboken," along-side, to the order ��� �