218 F. 524 | W.D. Wash. | 1914
These are two admiralty cases, heard together, in which the owner-, master, and crew of the steam tug Til-licum seek to establish their claims for salvage against the American steamer Knickerbocker for services rendered on the 27th of January, 1914. On this day, about 11 o’clock in the forenoon, the American fishing schooner Knickerbocker was discovered on fire while in the waters of Puget Sound on the westerly side of West Point Spit. The Tillicum was lying about one-half a mile from this vessel, in Shils-hole Bay, “coming up alongside the Grace Dollar to pump fresh water aboard.” A message was delivered to the captain of the Tillicum, calling his attention to the fact that the fishing schooner was afire. The Tillicum immediately went to the rescue with all possible speed. On the way it got its fire pump and apparatus into shape. Two dories
Upon the trial it was stipulated that both causes be tried together. The claimant made tender, and offered to pay, at the time the testimony was being taken, to the master and crew of the Tillicum the sum of $400 for services rendered, and to the owners of the Tillicum the sum of $600, making a total of $1,000. The libelants contend that the service rendered was a meritorious service, and that the sum tendered was not sufficient compensation. The main elements to be considered by the court in determining the amount of salvage are stated by the Supreme Court of the United States, by Justice Clifford, in the case of The Blackwall, 10 Wall. 1, 14 (19 L. Ed. 870) as follows:
“(1) The labor expended by the salvors in rendering the salvage service. (2) The promptitude, skill, and energy displayed in rendering the service and saving the property. (3) The value of the property employed by the salvors in rendering the service, and the danger to which such property was exposed. (4) The risk incurred by the salvors in securing the property from the impending peril. (5) The value of the property saved. (6) The degree of danger from which the property was rescued.”
Having due' regard to these various factors, it may be concluded that the assistance rendered was very prompt and energetic and skillful to 'the degree required. There is no element of particular danger disclosed by the testimony. There was no risk incurred by the salvors of consequence. The burden of the danger and of the extraordinary service was assumed by the master and crew of the burning vessel.
Salvors have a right to claim compensation for beneficial service voluntarily rendered in rescuing a vessel from peril, and have a lien upon the property saved, and it is the policy of the law to. deal liberally with salvors, so as to stimulate extraordinary exertion and courage in rescuing imperiled property and human lives; but a rescued vessel must be treated fairly in view of all of the surrounding circumstances. I think, in the light of all of the circumstances developed by the testimony, that the amount tendered is liberal compensation for the services rendered. The Elmbank, 69 Fed. 104, 16 C. C. A. 164; The America (D. C.) 136 Fed. 510; The Loyal, 204 Fed. 930, 123 C. C. A. 252; The Brina P. Pendleton (D. C.) 200 Fed. 848; Reichert v. Carfloat (D. C.) 213 Fed. 127 . This tender was not made until after the trial of the case before the commissioner had commenced and some of the testi-money had been taken. While there was no money actually tendered, the offer to pay was made, and there was no disposition to accept it. I think the facts in this case come well within the holding of this court in The Calcium, 218 Fed. 267, filed April 28, 1914.
A decree may be entered in favor of the crew of the Tillicum for the sum of $400,'this to be divided among the seamen in the-proportion that the wages received by the several men bears to this amount; and a decree may also be entered in favor of the Stimson Mill Company, owners of, the tug Tillicum, in the sum of $600. I think the costs in this case should be divided between the several parties; the libelants to pay each one-fourth of the costs, and the claimant to pay one-half of the costs; no proctor’s fees to be charged against either party.