276 F. 410 | E.D. Va. | 1921
This is a libel for salvage.
“T regret the time yon have last, and hope the Shipping Board will reward you as your heroic endeavors warrant. All members of my crew unite with me in thanks to you and wishing you bon voyage.”
To this wireless the Manchester -Brigade replied, offering to stand by until the West Dashaway arrived, but at about ,2:30 p. tn. that day received a report from the Davidson County saying that the Dashaway was within 40 miles, and that it was unnecessary for the Manchester Brigade to delay her voyage longer. Thereupon the Manchester Brigade proceeded upon her voyage. The Davidson County was picked up by the West Lashaway the following day and towed to the Azores, where she arrived December 20th; the towage service requiring exactly three days. The Manchester Brigade arrived at Diverpool, her des-
It is insisted on behalf of the Davidson County that since the services performed by the Manchester Brigade accomplished nothing that contributed, physically speaking, to the ultimate safety of the vessel, no salvage, as such, is allowable under the doctrine prevailing in the American courts. It is not asserted that the Manchester Brigade should go wholly unpaid for her services, but that the amount allowed should be based upon a quantum meruit, rather than upon a reward for salvage services. Counsel, therefore, protest against an allowance of salvage measured by the total award which would have been made had the Manchester Brigade succeeded in passing a line and successfully towing the Davidson County into the Azores. It is true it has been held by some of the American courts that an indispensable element of salvage compensation is that the service shall be to some degree beneficial; that the effort of the salvor must at least have contributed to the rescue; but in no case called to my attention has there been a refusal to award salvage as such in a case in which the salvage service has been requested by the distressed vessel, and the failure on the part of the salvor to render the substantial service contemplated by the rule is due to the act of the former in discharging the latter just at the moment when success would otherwise attend the efforts being made.
In the case at bar, the services of the Manchester Brigade had been solicited, first, by a general call for help, and, later, by the frequent interchange of radiograms between herself and the Davidson County, in which the one asked and the other agreed to do the needful. The latter vessel represented herself as being in a helpless condition, with some prospect of having to abandon ship. The Manchester Brigade, responding to this appeal, changed her course, and through the greater part of two days and two nights sought to locate the helpless vessel, and when finally this was accomplished stood by her making
Applying these principles to the instant case, my opinion is that the amount to be allowed as salvage to the Manchester Brigade should be, one-fourth of the amount which she would have received had she completed the entire service, and this is based upon the time consumed as against the time which she would have consumed except for the severance of relations occurring as above stated, and to this amount should be added the expenses and damages sustained by her in the efforts she made.
The charter value of the Manchester Brigade was approximately $1,750 a day. Damages sustained by her, plus the value of the amount of coal consumed, may be reasonably estimated at $1,500. Her actual out-of-pocket loss, therefore, on account of her efforts to be of service to the Davidson County, was $5,000. Had the service been completed, my judgment of the amount of salvage, in addition to the allowance to the vessel for the time lost and expenses, would have been $16,000. One-fourth of this would be $4,000, and this amount, added to the $5,000 computed and stated above, would make $9,000, which is the amount for which a decree may be entered in favor of the Manchester Brigade.