The John G. Stevens

In a pending appeal in admiralty by Edward H. Loud and others, owners of the schooner C. R. Flint, from a decree of the district court of the United States for the Eastern district of New York in favor of Frederich H. Gladwish and others, coal merchants under the name of Gld wish, Moquin & Co., the circuit court of appeals for the Second circuit certified to this court a question of the priority of maritime liens on the steam tug John G. Stevens, arising, as the certificate stated, upon the following facts:

'The home port of the tug was New York. Between December 7, 1885, and March 7, 1886, Gladwish, Moquin & Co. furnished coal to the tug in her home port, and filed notices of liens therefore under the Laws of the State of New York of 1862, c. 482, thereby creating statutory liens on her. On March 8, 1886, the tug John G. Stevens was employed in the port of New York to tow the schooner C. R. Flint through the waters of said port, and, while towing, negligently allowed the C. R. Flint to collide with the bark Doris Eckhoff in tow of the tug R. S.C.arter.

'On March 16, 1886, Loud and others, owners of the C. R. Flint, libeled the John G. Stevens and the R. S.C.arter in admiralty, in the district court of the United States for the Eastern district of New York, for the collision damage. On March 16, 1886, Gladwish and others libeled the John G. Stevens, in the same court, to enforce their supply lien under the state law. The Loud libel resulted in a decree condemning both tugs for damages exceeding $15,000. The Gladwish libel resulted in a decree condemning the John G. Stevens for the coal supplied, and costs, in all, $218.07.

'The district court awarded priority to the supply lien, which exhausts the fund resulting from the sale of the John G. Stevens, leaving the Loud decree unsatisfied.' 58 Fed. 792.

Upon these facts the circuit court of appeals desired the instruction of this court upon this question of law: 'Is the lien for the damages occasioned by negligent towage, which arose on March 8, 1886, to be preferred to the previous state lien for supplies, the libel for supplies being filed last?'

Harrington Putnam, for appellants.

Mark Ash and J. Parker Kirlin, for appellees.

Mr. Justice GRAY, after stating the case, delivered the opinion of the court.