152 F. 286 | D.S.C. | 1907
A storm of unusual severity occurred •on the South Atlantic coast September 17, 1906, causing great damage
This court has lately, in the Myrtle Tunnel, 146 Fed. 324, stated the rule which, as the result of all the cases, seems to govern, and it has • more recently examined all the cases cited in the note to the Lamington, 86 Fed. 685, 30 C. C. A. 281. The rule is to award one-half. More than that is given in extraordinary' circumstances, where the service has been attended by great peril, and where the amount saved is so small that one-half is inadequate, and less than a moiety is given where the amount salved is very large and the services have been unattended by any circumstances of'unusual danger or exertion. A moiety is the rule, and as Justice Story said in one of the cases cited:
“There is great wisdom in adhering to the rule and not to leave every ease to mere exercise of unlimited discretion.”
In the Myrtle Tunnel, supra, the value of the ship and cargo saved was $24,000, and one-half of it was awarded to-the salvors. The services were unusually meritorious and rendered by steamtugs especially equipped for salvage operations, and in the line of their business. In this case, as the weather was good, there was no particular danger encountered, and the derelicts were picked up by the steamship while on her regular way; but there is always some danger attending the towing by a steamship of derelict vessels of having her propeller put out of order, and her machinery injured. These derelicts are a great menace to navigation, and it is a meritorious act in any steamship to remove them, and calls for commendation, and in all suitable cases for reward.
It is within the experience of this court that the regular coastwise steamships are reluctant to take hold of derelicts found in their path, and to bring them into port. It is a service always attended with inconvenience and delay and sometimes with risk to themselves, and the usual course is to pass them by and report them on arrival, leaving the task of removal either to the government, or to the adventurous speculation of private parties equipped for such service. This was the case with the Myrtle Tunnel, where the proofs showed that she was reported by several steamships, who passed by without going to her fescue. Meanwhile such derelicts, lying in the pathway of navigation,
What shall be awarded to the salvor is in all cases left to the discretion of the court; but that is not an unlimited discretion. It is governed by principle and precedent. An almost unbroken line of cases shows that the rule is to award one-half. The rule is not inflexible, but it should not be swayed by slight circumstances, and there are no extraordinary circumstances here which seem to require a departure from a rule so well established that it has almost the effect of binding authority. On the part of libelant the court is asked to award more than a moiety in view of the small value of the property salved. On the part of the claimants, it is insisted that, in view of the small risk encountered and of other circumstances, less than a moiety would be fair compensation. The cases have been heard together, but separate decrees must be entered, as the claimants are not the same. If the Flora Rodgers stood alone it might be fairly argued that one-half,of the small amount salved would be inadequate compensation, as with equal fairness it could be claimed that one-half of the larger amount derived from the Belano is more than adequate for the services rendered; but the doctrine of compensation as upon a quantum meruit has little application in the maritime law of salvage. The salvor takes all the risks. If by misfortune he fails to bring the derelict to a port of safety he gets nothing, however meritorious or laborious his service.
In the absence of extraordinary circumstances requiring a departure from the well-settled rule, it seems better to adhere to it, and a decree will therefore be entered in each case awarding one moiety to the libel-ant, after deducting the expenses. Among the expenses to be allowed are the pilotage bills, one-half of the extra coal consumed to be charged to each, the value of the hawsers lost or impaired on the respective vessels as proved, one-half of the bills of the Protector for services imthe harbor, to be charged to each, and the customary charge for towage in bringing the vessels into port, to be charged to them, respectively; there being nothing in the testimony to differentiate this service from the ordinary case of towage.