Page:Federal Reporter, 1st Series, Volume 1.djvu/294

286 FEDBBAL EEPOBTEB. �In admiralty. Appeal from the district court �B. H. Kern, for libellants. �W. F. Smith, for appellant. �McCeary, J. The steamboat "H. 0. Yaeger" left the port of St. Louis about the twenty-fourth of November, 1878, bound upon a voyage dowh the Mississippi river to New Orleans. On the way she grounded at a place called Kas- kaskia Bend, about 65 or 70 miles below St. Louis. After making unsuccessful efforts to free bis vessel from the bar on which she was fast, the master engaged the services of the tug-boat "Wild Boy," then in the neighborhood, and owned by the libellants, though chartered to Burgess & Go., on terms to be hereafter stated. The tug, with a small crew, went to the relief of the "Yaeger," taking a barge along-side, into which a portion of the cargo was placed, and after some hours' labor the vessel was pried from the bar on which she was grounded and enabled to proceed upon her voyage. The ofËeers of the two vessels could not agree as to the price to be paid for these services, and henoe this suit. There was judgment below for $350 and the claimants appeal. Upon due consideration I have reached the following conclusions : �1. That under the circumstances the steamboat "Yaeger" is not to be regarded as having been in her home port at the time the services were rendered. She was not in port, but launched and afloat, proceeding on her voyage, and, theref ore, clearly within the admiralty juriadiction, whether within or without the territorial limits of the state of Missouri. �2. The fact that the services were rendered at the request of the master, and for the purpose of relieving the vessel from her stranded condition, raises a strong presumption that they were properly rendered ou the credit of the vessel, and were necessary ; and the claimants, in order to overcome this presumption, must show afSrmatively that the credit was given exclusively to the owners. This they have not done. �3. At the time the service was rendered the tow-boat "Wild Boy" was in the possession of Burgess & Co., who had chartered it. These charterers were to pay the owners $20 ner day, and one-half of what was earned by the boat in such ��� �