Page:Federal Reporter, 1st Series, Volume 7.djvu/840

 828 TEDEBAIi BEPOBTBB. �of "L. J. & C. Co." upon payment of freight "as agreed," "the dangers of the seas only excepted." This was not a full cargo, but the boat was leaking and the master refused to take any more. Having received this amount of cargo the canal-boat proceeded on the same day to the place of dis- charge, and reported at the office of the company to whos© order she was consigned. She was obliged to await her turn to discharge, and the master found she was leaking so badly that he feared she wouldssink if she remained there till she could discharge. The cause of her leaking is attributed' by the master to the careless and improper way in which her cargo was put on board, and to her not being properly trimmed. To save her from sinking the master tookher, with her cargo on board, to a dock in Hoboken, between Fourth and Fifth streets, where he ran her aground at high tide, stern fore- most. There she was lying at the time of the rendering of the alleged salvage service. She waa within the Une of the ends of the piers and not in the track of vessels. ' She was lying on a muddy bottom. At high tide she had between two and three feet of water in her. The captain and hi» wife were able to remain on board, the water not reaching the floor of her cabin. Her bows were not submerged at high tide. The maater, with the help of some extra hands, and with two pumps, was unable to keep her clear of water at high tide. She was run aground on Friday, the twenty- third of May. On Saturday, the twenty-fourth of May, a little after 12 o'clock, the master came over to New York to see the libellant and to engage his assistance. The libellant is engaged in the business of wrecking and of assisting ves- sels in distress, having a vessel equipped with a steam-pump and other applianees therefor. In the afternoon of the same day, Saturday, the master found the libellant and made an agreement with him, verbally, for the use of his vessel and steam-pump, with her crew, at the rate of $3.50 an hour. The master, before making this agreement, had no commu- nication with Marvel, the shipper, nor with the company to whose order she was consigned, with reference to the situa- ��� �