The "Galatea"
| Jurisdiction | England & Wales |
| Judgment Date | 22 May 1858 |
| Date | 22 May 1858 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 1162
HIGH COURT OF ADMIRALTY OF ENGLAND
S. C. 4 Jur. (N. S.) 1064, 7 W. R. 21. Adopted, The "I. C. Potter,"1870, L. R. 3Ad. & Ecc 298: The "Wavertey," 1871, brd. 379
[349] the " galatea." May 22, 1858.-Steam-tug-Contract for towage- Salvage services -The contract to tow embraces the risk of ordinary bad weather, but is put an end to by weather rendering the completion of the undertaking impossible ; and in that case subsequent services may be in the nature of salvage. [S. C. 4 Jur. N. S.) 1064 , 7 W. R 2J. Adopted, The " / C. Potter," 1870, L. R. 3 Ad. & Ecc 298 ; The " WavevUy" 1871, ibid. 379 ] This was a cause of salvage, promoted by the master, owners, and crew of the steam-tug " Challenge," against the brig " Galatea." 04 the 24th February 1858, the steam-tug was hired to tow the brig from Graveiend to the North Foreland for the sum of 15. Early on the morning of the 25th, whilst in? prosecution of the voyage, a gale having sprung up, the brig's tow rope broke, and she drifted towards the Tongue Sand She let go an anchor but, as alleged by the salvors, she waa in considerable danger of striking the sand ; the wab sm the "theodore" 1163 tug eventually succeeded in dragging her clear from the sand, and the brig, being unable to proceed to the North Foreland, was towed hack hv the steam-tug to London The value of the brig and cargo was ll.75O Addams. Q.C., and Spinks for the salvors. Twiss, Q.C., and Tristram for the " Galatea," submitted that the tug had incurred no ?iak ; that when she took the brig again in tow off the Tongue Sand, the brig was no longer in danger ; and that the tug in towing the brig back to London did no more than she was bound to do by virtue of her towage engagement, having regard to the altered state of circumstances Dr. Lushington T have no doubt as to the principle which ought to govern the Court in deciding the present case. When an engagement is made for a steamer to tow a ship from one place to another, the steamer is bound by that engagement to do all that is necessary to facilitate the safe voyage of the ship from thr one place to the other ; and she is to take the chance of bad weather, which may occasion delay and inconvenience But she does not take the chance of the undertaking being entirely interrupted by the act of God , that is, from the [350] state of the wind and weather being such as to compel her to abandon the original undertaking. In the present case there...
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The "Annapolis"-The "Golden Light"-The H. M. "Hayes"
...dock or other destination is bound to perform that engagement, unless prevented by perils of the seas. Such was the case of The " Galatea " (Swab 349), where the violence of the gale rendered the performance of the contract impossible. So if the ship towed takes the ground and remains hard ......