281 F. 444 | 6th Cir. | 1922
(after stating the facts as above). [1] It was rightly considered by the District Judge, and is conceded by the government, that the elements to be taken into account in determining the amount of a salvage award include the labor expended by the sah vors, the promptitude, skill, and energy displayed by them in rendering the service, the value of the property employed therein, the danger to which the same is exposed, the risk incurred by the salvors, the value of the property saved, and the degree of danger from which the property was rescued. In reaching his conclusion the District Judge expressed the opinion that on the basis adopted in numerous cases, many of which were cited, a salvage award of $100,000 for the total services rendered by the Lake Ellenorah, including those of her mastef and crew, would not be excessive; that an allowance to the master and crew of one-third this amount would be sustainable, and that an award of one-quarter this latter amount to the master would not be out of accord with American practice.
The government criticizes the basis of $100,000 as a theoretical total award; its counsel expressing the view that to allow it to go unchallenged would seriously prejudice the rights of owners of vessel property. Manifestly, each case must depend upon its own peculiar circumstances, as is illustrated by the cases cited by court and counsel. In some of them the towage was for a much greater distance than here; in others less. In some the dangers and difficulties were greater; in others, less. Manifestly, awards in fire and stranding cases do not furnish a satisfactory criterion. In the instant case the Avondale was not a derelict. Its power of propulsion and largely of steerage was gone. There was
In our opinion the master is entitled to a substantially greater award than given by the Shipping Board. Just how much greater is mere matter of judgment, and we are content to accept that of the trial court.
The order of the District Court is accordingly affirmed.