216 F. 427 | E.D. Pa. | 1914
(after stating the facts as above). We have withheld a ruling in this case until we could go over the full and elaborate paper book submitted by the respondent.
Specific findings of facts and conclusions of law are filed herewith.
This case is close to the border land between a claim for compensation for mere services rendered and a genuine claim for salvage. In attempting to find a just measure of the compensation which should be allowed and determine just how it should be applied when found, the mind feels itself to be very much of a derelict in its turn and “to be at sea without rudder or compass.” The only measure we have is that in determining “the amount of salvage to be decreed there is no fixed rule nor binding precedent nor practice in admiralty.” This is in the very nature of things as it must be but just as surely affords little aid to the tribunal charged with the responsibility of making the admeasurement. We further know that it may be only “a little more than remuneration pro opere et labore,” and that we “may give compensation in the nature of salvage for services which fall below those necessary to found a strict salvage claim.” A little more aid is given by an enumeration of some of the elements of the problem which may be considered. These observations presuppose the^ conclusion that in the judgment of the court the real question in this case is one of the amount of compensation. We do so regard it. The mind can, with some degree of satisfying comfort, reach conclusions on all the other questions which arise.
Wé do not accept the proposition in its entirety as advanced by counsel for the respondent as to the right of the master of a vessel in distress to deprive salvors of their just claims by a refusal of assistance and a repudiation of their offers of help, nor do we subscribe to the doctrine laid down in some of the cases to which he has referred us.
The right of a master, however, who has a justified confidence in his ability to take care of himself and his vessel, and a well-grounded and reasonable expectation of doing so, to refuse assistance, is undoubted, and this we find to have been the right of the master of this ship This feature of the case falls out of practical consideration, however, because of the fact which we find in favor of the libelant, that the master her'e, although at first declining help, finally accepted of it. This acceptance was not the act of the crew without his knowledge or participation, but was that either of himself or his chief officer, done with his full knowledge and acquiescence.
The allegation of fact set up by the defense that the libelant had volunteered the service rendered, and it was accepted under an agreement that it was to be rendered for nothing, is not supported by the evidence, and we refuse to find this as the fact.
As to another of the elements in the case involving the character of the services rendered, we find them to have been of a scarcely more than ordinary and commonplace kind. There was an entire absence of the heroic, and the risks incurred were only those which confront men who follow the water in their every day avocations. They were merely the ordinary and usual risks. This applies also to the libelant’s tug and her tackle. There was some possible risk of the housings above deck on the tug being side-swiped and the usual strain on hawsers and danger of chafing. A new manilla hawser was in fact chafed. All that was done was to throw a heaving line abroad the ship by which a hawser was hauled in and made fast, and then the ship pulled off into deep water by a sweeping movement of the tug and pulling from side to side. This'work was, however, successful, although it should be added that she had part of the time the aid of another tug which made no claim for her services because of her relations with the ship. The whole time employed, including going and returning, was a matter of less than three hours.
It should be added that the merit of the conduct of the libelant consisted in the promptness of her act in proffering assistance and its success. No skill of seamenship beyond the ordinary was called for, but all that was called for was well performed. The tug was well handled.
It might be added, to complete the recital of the salient facts, that the tug was kept at some expense in readiness to perform just such services as were rendered, and the further fact should be stated that no offer to compensate her has been made. This invites the observation that the ship might have kept the expense of getting her afloat within very reasonable limits by bargaining for the services of the tug, and, in the absence of any such bargain, that, if the efforts of the tug had been utisuccessful, she would have received no compensation at all. It is evident that we have in the case only the element of value upon which to found a claim for salvage of any considerable amount.
Taking everything into consideration, we have concluded to make an allowance of $500 to the libelant, together with costs. We are aware that such an award is probably open to the criticism on the part of the respondent of being an excessive allowance for the services rendered and on the part of the libelant as being inadequate salvage considering the value of property involved.