Page:Federal Reporter, 1st Series, Volume 9.djvu/67

 52 FEDERAL REPORTER. �by the respondent Kerr on account of the service rendered. The facts relating to the nature of the service are as foljows : �The Pomona was an iron steam-ship of 391 tons gross tonnage, valued at about $60,000. She was upon a voyage from New York to Montego bay, Jauiaica, with three passengers, a full cargo of assorted merchandise, (value not stated,) and a crew of 15 persons. The libellants are the first and third engineers and one of the seamen. At about 2 a. m. of July 14, 1880, when in the Bahamas, she noticed signais from the Colon, which was lying nearly in her course, and bore towards her. As she approached she was met by a small boat from the Colon, bearing a request from Capt. Griffen for an inter- view with the captain of the Pomona. Capt. Mahlraan thereupon went aboard the Colon, and was informed by Capt. G-rifEen that the after crank-pin of the shaft of his engine had been broken ; that he desired assistance in getting to an anchorage, and wished to be towed to Fortune Island, to repair his ma- chinery. That was the nearest safe ancljorage, 57 miles distant, nearly north, and directly back of the Pomona's course. Capt. Mahlman replied that his " boat was light and not calculated for towlng, but that he would do the best he could." Capt. GrifCen deaired to agree upon a lump aura for the service, but this Capt. Mahlman declined, and it was agreed that the question of compensation should be left to the owners. A hawser was accordingly run out from the Colon and made fast to the Pomonq, by the crew of the latter. They got under way at about 4 A. m. and arrived at Fortune bay at about 3:15 p. M. of the same day, where the Pomona left the Colon in safe anchor- age, and thence proceeded upon her voyage. The towage to Fortune bay -vyas withdut difflculty, in a smooth sea, with a lightj favorable wind for most of the way, and with the sails of both vessels set. �The Colon was an iron steam-ship of about 2,680 tons, one of the line of the United States Pacific Mail Steam-ship Company, plying between New York and Aspinwall. She was upon one of her regular trips from Aspinwall to New York, and was tight, staunch, and strong, and in good condition except the disabling of her machinery. Besides the breaking of the after crank-pin, the columns above the engine were broken, the forward crank-shaft bent, and the condenser and the low-pressure cyljnder cracked. These damages were considerable. The low-pressure engine could not be repaired by any means at the command of the ship; but the high-pressure engine, with which she could proceed by steam, could have been repaired in about seven days, and was repaired in that time at Fortune island, when the Acapulco, of the same line, appeared aud took her in tow to New York, without the use of this engine. �Capt. GrifEen testified that the Colon, at the time of the accident to her machinery, was provided with a full set of sails; that she was then 31 miles S. J W. from Castle island light tower; that there was a slight current to the south-west; that the wind at the time was a light easterly trade, with periods of calm; and that as the wind then was he could have made, under sail, about a knot an hour. When asked if he could not have worked himself into some port, he replied: " We were at the mercy of the winds. If we had good winds ��� �