, JQ:l{OBANDUJrl DECISIONS. ,
431
'Withstanding, the case is one for liberal salvage compensation. The services rendered by the Luckenbach were skillfully performed, and her owners are entitled to credit for the promptness with which they acted in sending relief to the steamship. They at once sent their tug a distance of 80 miles, on a slim chance of getting this steamer off by the power of a tug. The services rendered entailed some risk upon the tug. One of the owners of the tug, fortunately, went with her; and at one time the master was inclined to abandon his effort, but, by direction of the owner, went on. The value of the Luckenbach is upward of $50,000; the agreed value of the cargo of the North Erin is $55,000; and the agreed value of the freight $5,683.83. As to the value of the North herself, there is a dispute. I doubt very much, however, whether it is over $35,000 or $40,000. No tender of any amount has been made. Under all the circumstances, $10,000 will, in my opinion, be a liberal salvage award in this case, but not excessive, considering the value of the property in peril, the nature of the peril, and the promptness of the action of the tug. The libelant must also have the costs of this action.
BOWERS et aL v. NEW YORK LIFE INS. No. 134.
co.
(Circuit Court ot Appeals, First Olrcult. January 7, 1896.) Appeal fro;m the Clrcu1t Court ot the United States for the District ot Maine. This was a bill in equity by Walter T. Bowers. administrator of the estate ot Roscoe L. Bowers, and 8ara..h C. Bowers, against the New York Lite insurance Company, to reform a polley ot insurance. The bill was dismissed (68 Fed. 785), and complainants appeal. Joseph W. Symonds, David W. Snow, and Charles S. Cook, tor appellants. Charles F. Libby, tor appellee. DismiSsed, without costs, pursuant to stipulation ot counseL
FOLSOM v. UNITED STATES. (Circuit Court ot Appeals, Eighth Circuit. 1895.)
ElTOr to Supreme Court or New Mexico. Questions ot Iaw certified to supreme court. For deciSion ot the supreme court thereon, see 16 Sup. Ct. 222.
THE HELEN STORY. S'l'ORY v. TARR et aL (Circuit Court or Appeals, First Circuit. January, 1896.) No. 150. Appeal from the District Court of the United States for the District ot :Massachusetts.
J'EDimAL BEPORTER, vol. 71. 'ThIs was a libel by James G. Tan and others agaInst the Helen sto17 (Arthur D. Story, claimant). From a decree ot distribution, the cla.\.ma.nt appenIs. WUliam A. Pew, Jr., for appellant. M. J. McNeirny, for appellees.' Before COLT and PUTNAM, Circuit Judges. No opinion. Decree of district court r"olverse<l, with costs of this court against the appellant, and the case is remanded, witb authority to that court to try the case anew. PEOPLE'S PURE-ICE CO. et aI. v. TRUMBULL et aJ. TRUMBULL et aI.
v. FULLER et at
(Circuit Court of Appeals, Seventh Circuit. January 16, 1896.) Nos. 203 and 206. Appeal from the Circuit Court of the United States for the Northern DiTision of the Northern District of Illinois. For former report, see 70 J!'ed. Hi6. William Burry, for People's Pure-Ice Co. A. W. McDougald and W. T, Burgess, for Rollin H. Trumbull and Edwin G. Chevel1:on. . No opinion. Motion for modification of former opinion denied.
PHOENIX ASSUR. CO. OF LONDON v. SUMMERFmLD. (Circuit Court of Appeals, Fourth ("'!rcuit. Juiy 1, 1895.) No. 126. Error to Circuit Court of the United States tor the Western District of VJr. ginia. . Staples & Munford, for plaintifl' in error. PeatroHR & Harris, for defendant in error. Settled by agreement of counsel.
PORT ROYAL & A. RY. CO. et at v. AVERILL et aI. (Circuit Court of Appeals, Fourth CircUit. May 22, 1895.)
AppE'lLI from CircuIt Court of the United. States for the District of South. Carolina. Mitchell & Smith, for appellants. withdrawn without prejudice on order of court 1l.1ecL
RICHMOND & D. R. CO. v. CHESTER & L. ,N. G. R. CO. (CirCUit Court of Appeals, Fourth Circuit. February 5, 1896.) No. U6. Appeal and cross aI,Jpeal from, Circuit Court of the United States tor the District o'f Houth Carolina. . . J. S. Cothran, for appellant. A. G. Brice, for appellee. DiRmissed by consent; pursuant to the:twenty-third rule (41 Fed. L), the record not having been printed.