Atlantic Towing Co. v. The Egbert H
Atlantic Towing Co. v. The Egbert H
Opinion of the Court
The libel in this case is by the Atlantic Towing Company, owner of the diesel tug “Cynthia No. 2”, against the diesel tug “Egbert H" to recover for services rendered. There is little disagreement between the parties on the facts.
Shortly after one o’clock on the afternoon of May 20, 1941, in good weather the Egbert H was proceeding upstream in the Savannah river within the harbor limits of the port of Savannah with two loaded barges in tow, tandem style. As the tug approached the Seaboard Airline Railway bridge across the river, her engine was stopped to shorten the hawser attached to the barges. The hawser, 150 feet long, was shortened and the motor failed to start again after repeated efforts. It was found later a by-pass valve in the high pressure fuel pump was stuck. A heavy anchor from one of the barges was thrown over. The anchor failed to hold and the Egbert
The evidence in the case presents no serious question as to the degree of danger from which the property was rescued or as to the promptitude, skill and energy displayed in rendering the service. There was serious danger of the sinking of the saved vessel. The services were meritorious, though the risk of the salvor was slight, and the labor expanded was not great. The value of the property employed and of that saved differs in the estimation of the several witnesses, but is fixed as stated in the findings of fact. The Blackwell, 10 Wall. 1, 14, 19 L.Ed. 870; The Livietta, 5 Cir., 242 F. 195. While salvage is not to be determined as mere compensation quantum meruit but is in the nature of a bounty which the law offers from motives of public policy (1 Benedict on Admiralty, 6th Ed., Sec. 117, p. 334), each case must stand on its own facts and there is no controlling rule of thumb for measuring the award — no formula can be devised which will meet the justice of every case. The Craster Hall, 5 Cir., 213 F. 436. The per cent, basis is unsatisfactory because its application to large values of modern times would lead to obvious injustice. The Kia Ora, 4 Cir., 252 F. 507, 508. Where the values are small the same result might follow.
Findings of Fact
1. It is my opinion that the “Egbert H” was in peril, and she would have sunk if she had not been rescued.
2. If the “Egbert H” had sunk it would have cost from $12,000 to $15,000 to raise and repair her; the actual repairs cost $975. As she stood she was of a value of approximately $25,000.
3. The value of the “Cynthia No. 2” I place at $120,000. Libellant owned and operated in like service three other vessels shown to be of the respective values of $150,000, $75,000 and $35,000. All of these tugs are equipped for salvage service.
4. The services rendered were important and of a higher character than ordinary towage.
Conclusions
Giving due consideration to all proper elements, it is my opinion that libellant should recover the sum of $3,000 for the services rendered.
Though the libel is brought in behalf of the towing company and others interested as salvors, the crew have not appeared in their own behalf, and I understand from counsel for libellant satisfactory arrangements have been made with them, and it is, therefore, not necessary to divide the award.
Let a decree be prepared by counsel for libellant in accordance with these findings, and, on notice, presented to carry these findings into effect.
Reference
- Full Case Name
- ATLANTIC TOWING CO. v. THE EGBERT H
- Status
- Published