The Ann C. Stuart
The Ann C. Stuart
Opinion of the Court
The libelant, in his own behalf and as agent for the Port Clyde Cold Storage & Fisheries Company,, owner of the steamer Princess, and in behalf of the officers and members of the crew of the steamer, brings this suit to recover for salvage services rendered to the schooner and to her cargo. Salvage for the cargo has already been settled. The salvage claim here considered is only for the schooner and freight.
In The Lyman M. Law, 122 Fed. 816, this court has considered the leading elements in determining the amount of a salvage award. In The Rebecca Shepherd, 148 Fed. 727, 731, this court has occasion to comment on the fact that the same service may'sometimes be called either salvage or towage, and that it is often immaterial by which name it is called. The material thing is that the court should give a proper amount of compensation, and should, where the circumstances require, give such award as will encourage similar services. In Baker v. Hemenway, 2 Low. 510, Fed. Cas. No. 770, Judge John Lowell referred to the increased use of tugs, as tending to reduce the value of salvage services. It clearly does not, however, change the intent of courts to give to tugs a substantial gratuity, in order to induce prompt assistance, when such assistance is required in case of danger, either actual or to be reasonably apprehended.
The schooner receiving assistance was, from the whole testimony, I think, of the value of at least $1,000- While the amount of property saved and the value of the vessel rendering the services are not always decisive considerations, as Judge Lowell has observed, they bear somewhat upon the vital question of compensation; and we must always bear in mind that “the compensation should be enough to induce prompt assistance.”
After a careful examination of the testimony, I award the following sums:
To tlie Port Clyde Cold Storage & Fisheries Company, the owners of the steamer Princess............................................$ 80.00
To James E. Brennan, the sum of.................................. 20.00
To Capt. Alyah Chadwick, the sum of............................... 20.00
To Clarence Thompson, the sum of................................. 8.00
To Louis Hart, the sum of.......................................... 8.00
To Ernest N. Wilson, the stun of.................................... 8.00
To Charles Jones, the sum of....................................... 8.00
To Orrin Brown, the sum-of ..................................... 8.00
To Kussell Brown, the sum of...................................... 8.00
To Capt. Winfred W. ETinton, the sum of......................;..... 8.00
To Capt. Henry Davis, the sum of.................................. 8,00
To William Aylward, the sum of................................... 8.00
To Walter D. Hall, the sum of...................................... 8.00
$200.00
A decree may be drawn, consistent with this opinion. The libelant recovers costs.
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