Sibley v. The Mira A. Pratt
Sibley v. The Mira A. Pratt
Opinion of the Court
The questions in this case are—First, whether it is a case of salvage; and, secondly, if it is, how much compensation ought to be allowed to the salvors. It is contended on the part of the claimants that the service rendered was that of mere towage, and that it should be compensated as such only. Towage may be a salvage service when performed in aid of a vessel in distress. 2 Pritch. Adm. Dig. 1835; The H. B. Foster, 1 Abb. Adm. 222. Mere towage service is confined to vessels that have received no injury or damage. The Plymouth Rock, 9 Fed. Rep.416. See Newson, Salvage & Towage, 2,3,7, and 24. It is also contended by claimants that the signal hoisted by the schooner was for a.tow only, and was not a signal of distress. Where a dispute arises as to whether a signal hoisted was for a tow or a signal of distress, the fact is to be determined by the state of the vessel itself at the time, and the court will consider' the state of the vessel in order to determine whether such signal was a. signal for a tow or for assistance. 2 Pritch. Adm. Dig. 1819, 1820. If the signal hoisted was for a pilot or tow only, that does not prevent the services rendered from being in the nature of salvage. The true question always is: What was the condition of the ship? Was she in distress? The character of the signal hoisted is only one part of tha evidence bearing upon the question. 2 Pritch. Adm. Dig. 1820.
The vessel had lost her mainsail, and with the sails left she could not. come up to the city, and, as the captain expressed it, “could not fetch
It is not necessary there should be absolute danger to constitute a salvage service. It is sufficient if there is a state of difficulty and reasonable apprehension. Neither is it necessary to show that those on board either requested or expressly accepted the assistance if salvage services are rendered to a ship. It is sufficient if the circumstances are such that any prudent man would have accepted an offer of services if it had boon made. 2 Priteli. Adm. Dig. 1820, 1827.
The schooner was in a state of difficulty, and, I think, was in a situation to afford a reasonable apprehension of danger. But in attempting to determine the precise degree of danger, whether she would have gone ashore if unrelieved, whether her anchors and chains were insufficient or would have dragged, or how much or how rapidly, much is left to conjecture and uncertainty amid the contradictory opinions of the witnesses. But my opinion is that on a preponderance of the evidence the presumptions were against the schooner, and that the circumstances at the time were such as to justify great apprehension. I therefore think the case one of salvage.
In arriving at a conclusion as to the compensation that ought to be allowed in this case J have found the most difficulty. The amount that ought to be allowed depends upon several considerations; aá, first, the extent and danger of the services performed; secondly, the risk to which the tug and her crew were exposed; thirdly, the value of the property saved, and the risk of destruction by which it was imperiled. The rule is that the amount of remuneration for salvage must depend on the circumstances of the case, such as,the state of the weather, the degree of danger and damage to the siiip and cargo, the risk and peril incurred by the salvors, the time employed, and the value of the property; and, when these are considered, there is still another principle,—to encourage enterprise, reward exertion, and to he liberal in all that is duo to the general interests of commerce and the general benefit of owners and underwriters, even though the reward may sometimes fall upon an individual owner with some severity. When no special risk has been incurred by the salvors, salvage reward is allotted upon a calculation of a fair remuneration for time and trouble to the owners of the salving vessel, and to each hand employed. A lower scale of remuneration is given when the case of the vessel salved is not one of present danger, but of urgency. The lowest, when, a vessel being disabled from proceeding, there is a possible contingency of serious conseuuences. 2 Pritch. Adin. Dig. 1784.
The'authorities say salvage should be regarded in the light of compensation and reward,—compensation for the exertion and skill displayed in
In view of all the circumstances I think §150 would be a just reward. And it is so decreed.
Reference
- Full Case Name
- The Mira A. Pratt. Sibley v. The Mira A. Pratt
- Status
- Published