Page:Federal Reporter, 1st Series, Volume 7.djvu/842

 SSO l'EDIlIU.Ii BEPOBTBB. �After the refueal of the shippet mi tHe' underwriters to settle the bill, the inaster also, at the suggestion of the libel- lant, entered a protest before a notary, having it dated back to May 24th, and charging the leaking of the boat to im- proper loading and trimming. After other ineffectuai efforts to induoe the underwriters to pay his bill, the libellant gave orders to his men on Wednesday, May 28tb, to patch the canal-boat up, make her tight, and leave her, which they did on Wednesday evening. The leak was no longer serions. She was afterwards taken to the place of her destination by the aid of a tng-boat and discharged. Afterwards, and with- out any repairs, she carried a cargo of coal. Before the libel- lant left her on Wednesday he had filed his libel against the canal-boat and cargo for 96 hours, at $3.50 per hour, making $336, coming down to a time later than the filing of the libel. There is some testimbny from the libellant's witnesses that, in their opinion, the nature of the bottom where the canal-boat lay in the dock where she was run aground was Buch that she was in danger of sliding off into deep water. The evidence, however, to this point is very slight. The libellant himself, who testifies to this, did not see her there, and his foreman made no such examination as entitled his opinion to any weight, and I think the fact is not established. She had, at the time of the making of the agreement, lain there over two high tides, and was, of course, settling some in the mud, aad there is no satisfactory testimony that the bot- tom was shelving, so as to render her sliding at all probable. �The libellant himself testified that the canal-boat was not worth more than |76 as she lay aground, There is no proof of the value of the cargo, but it may be assumed to have beeu worth much more than the boat as she lay. The cargo was not damaged by water. The testimony shows that the priee named, $3.50 an hour, is a reasonable price for the use of the steam-pump and appurtenances ; that if the employment is only for a few hours a higher price would "be reasonable. �On these facts I doubt whether the service rendered can properly be considered a salvage service; but, even if it waa ��� �