,FEDERAL· REPORTER.
ordered that, after the payment from the fund now in the registry '[tfie Court of the proper costi> in this hearing, the balance be paid those who were the orew of the steam-ship City of Mexico, as appears from the pay.roU as filed herein, in the petition for seamen's wages, and the same be divided 'between them in proportion to the several rates of monthly wages therein stated.
THE VIRDEN f).
HARRIET
S.
JACKSON}
THE
JACKSON·
.:(DiBtrict Oourt, B.
n. Penn8yl'IJania.
June 28,1887.)
P.!:LoTS-COMPULBORY PILOTAGE-EVIDENCE.
Where the evidence fails to !lhowa refusal by the master of a vessel to accept the services of a pilot, whom, under the law, he was bound to employ, a libel filed bY.' such pilot to the value of services, which. were never rendered, Wlllbe dismissed. .,
In Admiralty. , Hf/fl/rll Flanders, for respondent. Hf/fI,ry. Edmunds" for libelant. BUTLER,J.The evidence not sustain the lib",I. It does not show that the master refused to take the libelant as pilot. On the contrary, it tends to show that he not., The conversation between the parties by the libelant) seems to hav:e been half jocular. It leaves the impression that Mr. Virden was simply teasing the master respecting the question of pilotage, and that the master answered in the same vein, saying, "I will take you," whUe he. knew that Mr. Virden, personally, would not go. The libel mustpe dismissed, with costs. lReported by C.13erkeley Taylor, Esq" oltha,Philadelphia bar.
"
.. , THE
:111
LEWIS
and others
'D. Su;Ty·FIVE,PACltAGES OF MERCHANDISE.
MERlUTT 'D. ONE CASE OF WOOL,
etc.
(OircuW Court.. E. D.
July 8, 1887.)
Pt),rker fqr William Lewis. Blizck, for Israel J : Merritt. ' ' Mark D. Wilber, U. S. Atty., for the United flea.
.! ,'i ,;
The decree of thtl distlict court in the 'abO'Ve case (30 Fed. Rep. 195) affirmed, without opinion. " .
THE .WISCONSIt!l.,
(Circuit Ootb-t, R.D. New Yor.k.July 9,1887;) 1. SALVAGB-PILOT AS ' ' '.:." Libelant, a pilot, was Oil board the steam.ship W., but had not taken charge, ·wJJ.ell the vesael ran ashore. Thereafter he rendered assistance by suggestions as to getting her off, and by taking eharge of: her when she was floated in a rudderless condition. He incurred no risk, and was not called upon for any extraordinary . exertion. ,Held, that he l!hould recover $l,000 salvage. "2. SAJIIim--WlIIi:N PI.LOT MAY' liE SALVOR. A pilot may be a 80.1'1'01', although aboard 'tbevessel,if he has not, yet assumed . ; : " ",; .3. SAME-EXTRAORDINARY PILOTAGE SERVICES. ,'Fhe statute of ,NewJeraey {section ofilie issue of1846} relates to e.x.traordhiarv pilotage services. A case of pilot,age necessaril,y .presupposes the capable of being navigated. So a aid ,to not bound by the above statute, and hIS services may ballot those of a of a
Whitehead, Parker & Dexter, for appellee. Nash & Kingsfo1'd, for appellants.
The decree of the distriCt court in the above case (30 Fed; Rep. 8(6) af· ,.firmed, without opinion.