80 F. Supp. 761 | D. Alaska | 1948
In this suit the libellants seek to recover $5,000 for services alleged to have been rendered in connection with saving five fish trap frames from possible damage or destruction from a marine peril. On their behalf it was testified substantially as follows.
On March 28, 1948, from their logging camp, they discovered two rafts, one containing two and the other three fish trap frames, adrift in Peril Straits. Their efforts to tow the larger raft into Rodman Bay failed, after the wind changed, because of a lack of power. In the afternoon of the following day libellants Riggle and Lane discovered the same raft about 200 — 300 feet off the northern end of Hanus Island at the entrance to Hanus Bay. The)'fastened a three-eighths-inch cable, tfaree-hundred-feet long, to the nearest trap and snubbed the other end around a hemlock tree ashore and, as the tide or wind or both set the traps toward the shore, they took up the slack until one end of this raft of trap frames was resting on the shore near the high-tide line. On the next high tide at about
The over-all dimensions of each trap were approximately 160 by 175 feet, and the end and side logs were approximately 5 feet in diameter at the butt end. Although the other logs and timbers in the frame were less massive, the weight and draft of the entire raft, which included extra logs for replacement, were such as to warrant the conclusion that two men, at the end of a three-hundred-foot cable placed around a hemlock tree, could not, unassisted by wind or tide, have pulled the raft ashore. It, therefore, is important to determine just what libellants’ services consisted of in the light of the attendant circumstances. Manifestly, this can hardly be done without proof as to what the wind and tidal current were at the time, particularly in view of the testimony that a strong wind would influence the drift of such a structure more than the tide or, in other words, would overcome the effect of the tide. While it seems doubtful that any wind less than one of gale proportions could overcome the effect of a spring tide on the flood or ebb, the testimony as it stands is that the wind, such as it was, was sufficient to do just this. Unfortunately, it is difficult, if not impossible, to reconcile the testimony of libellants in regard to the wind and tide during the time that they testified they were engaged in pulling the raft to the shore.- They first testified that the wind “blew westerly”, but from all the evidence it appears that they meant that it was a westerly wind and not one blowing westerly. On cross. examination they testified or admitted that it blew from the northeast and finally that, as the raft rested on the beach with the traps lying, so far as their length is concerned, practically parallel with the beach, the wind blew across the traps toward the shore of Hanus Island. Since the libellants placed the raft on the easterly shore of Hanus Island, this testimony that the wind was blowing across, the traps would be consistent with the testimony that it blew from the northeast. But after respondent introduced
Thereafter the tides began to neap and did not again reach the height of 15.8 feet until eight days later. It
In these operations libellants Riggle and Lane used their dory and a sixteen horse-power motor aggregating $650 in value, and tools and cable of the value of $150 belonging to the libellants Oliver and Lowell Colby, who as copartners operated the logging camp. Neither of the Colby brothers appeared or testified orally or otherwise. The most the Court can find from the evidence is that they fastened the second raft of traps'to the northern shore of Peril Straits on March 30th after they found or learned that it had lodged there. The question presented in this connection is whether that act alone constitutes a salvage
Respondent’s exceptions to the libel, on the ground that fish trap frames are not a subject of salvage, were overruled. D.C., 77 F.Supp. 956. Obviously respondent was in no position to directly contradict the testimony of the libellants. However, some testimony was adduced from which it might be inferred that libellants had an exaggerated idea of the law of salvage so far as compensation is concerned and also that when they discovered the trap frames they were already resting on the shore of Hanus Island and that the weather was not as bad as they testified, but the Court finds that the libellants have sustained the burden of proof so far as the Hanus Island operations are concerned and accordingly awards the libellants Riggle and Lane $350 each and the Colby brothers $50 for the use of their cable and tools, with costs. The efforts made by the libellants to save the first raft on March 28th, although highly commendable, cannot furnish the basis for any award because the efforts failed and, hence, no benefit was conferred upon the respondent.