214 F. 63 | 9th Cir. | 1914
This was a libel for salvage against the steamer Roanoke by the officers and'crew of the Santa Clara, excepting the master and chief engineer. In the court below the libel-ants had a decree for one-half month’s pay to each, aggregating $887.50, and claimant, North Pacific Steamship Company, appeals.
The salient facts may be briefly stated: On April 10, .1913, while bound from San Pedro to San Francisco, and when in the neighborhood of Point Arguello, the “Roanoke” was disabled by the loss of her propeller. She was a steamer of 1,654 net and 2,354 gross tons, worth about $150,000, and was carrying 93 passengers and a cargo. The-injuiy was such as to leave her without motive power, and, the watei being too deep to afford a safe anchorage, her captain permitted her to drift in shore from 10:05 a. m., the time the accident occurred,
“That the right to remuneration for assistance or salvage services shall not he affected by common ownership of the vessels rendering and receiving such assistance or salvage services.
“Sec. 2. That the master or person in charge of a vessel shall, so far as he can do so without serious danger 'to his own vessel, crew, or passengers, render assistance to every person who is found at sea in danger of being lost; and if he fails to do so he shall, upon conviction, be liable to a penalty of not exceeding $1,000.00 or imprisonment for a term not exceeding two years, or both.
“Sec. 3. That salvors of human life, who have taken part in the services rendered on the occasion of the accident giving rise to salvage, are entitled to a fair share of the remuneration awarded to . the salvors of the vessel, or cargo, and accessories.”
No question therefore arises. because of the common ownership of the vessels. And while the captain of the Santa Clara inquired concerning the wishes of the claimant’s president, the fact still remains undisputed that upon receiviiig the first message of distress from the Roanoke the Santa Clara’s course was immediately altered, and from that moment she continued, without stop or further change of course, to steer for the Roanoke; and it must therefore be held that the assistance was voluntarily rendered.'
“A salvage service is a service which is voluntarily rendered to a vessel needing assistance, and is designed to relieve her from some distress or- danger either present or to be reasonably apprehended. A towage service is one which is rendered for the mere purpose of expediting her voyage, without reference to any circumstances of danger.” McConnochie v. Kerr (D. C.) 9 Fed. 50.
It is clear beyond peradventure that Capt. Dickson of the Roanoke-believed he was in peril. No labored analysis of his messages can servS to remove the first and natural impression they make upon the mind; they were calls of distress, and, had they been disregarded by the captain of the Santa Clara, he would have stood in danger of the penalty provided in section 2 of the act, supra. That being the case, we are not disposed nicely to weigh the circumstances and conditions for the purpose of determining how imminent the peril may have been. Considering the situation as he saw it at the time, Capt. Dickson’s solicitude for the safety of his ship and passengers was not without reason. It is quite unimportant that as we now .look backward the position of the Roanoke may not impress us as having been extremely perilous. “Wisdom born after the event is the cheapest of all wisdom.” Though not of a high order, the service is entitled to be classed as salvage service.
The remaining question relates to the amount of the decree. While we think that the allowance was liberal, and possibly in excess of what we would award, we are reluctant to interfere with the discretion of the trial court in a matter where manifestly there is and can be no fixed standard. No principle of law was violated, and it cannot be said that there was a clear abuse of discretion.
Accordingly, the decree will be affirmed.