The F. I. Merryman
The F. I. Merryman
Opinion of the Court
This is an action by the master and crew of the German bark Friederich Scalla, to recover salvage from the brigantine F. I. Merryman, her cargo and freight. The facts are not in dispute. On August 20, 1885, the brigantine Merryman sailed from Bathurst, on the Gambier river, with a cargo of hides, for Boston, Massachusetts, under the command of Gapt. Nickerson. She had no mate, her mate having died in July. Her crew consisted of the master, two seamen, an African shipped in Bathurst, and the cook and steward, a colored man. On the day after sailing the master was taken sick, and died on the first of September. On the same day the master died the second mate was taken sick, and on the eleventh day of September he died. Before dying the captain told the cook and steward, in case the second mate should be sick, to take command of the vessel, and steer between N. W. and N. W. by N., and he would probably hit some port in America. When the captain died, the cook and steward, whose name was William Henry Furbert, took command. He was no navigator, nor was there any person on board able to take
Out of this state of facts has arisen this claim of the master, mate, and seamen of'the Scalla to be paid e, salvage compensation for their services on board the Merryman.
It cannot be doubted that a salvage service was rendered to the Merryman by the master of the Scalla. The Merryman was in distress for want of a navigator; he supplied that want. His presence on board changed the condition of the Merryman from a situation of considerable peril to one of comparative safety. By means of his knowledge and skill the Merryman reached port, and without loss to-her owners. I can see no ground- on which to deny him a salvage reward for the services he rendered. It is true that saving his own life was one, and perhaps the principal, motive which induced him to leave his own sinking vessel and join the Merryman; but it has several times been held that the existence of such a motive affords no-ground for refusing salvage reward. The Two Friends, 2 W. Rob. 349; The Merrimac, 1 Ben. 201.
The contention on behalf of the claimants is that instead of furnishing a navigator to the Merryman, the entire crew of the Scalla, for the purpose of saving their own lives, went on board the Merry-man, and no individual was separately designated to render service. By their own arrangement they constituted a unit. Treated as
Besides, the question is never a mere question of equivalent for services rendered. When a salvage service is shown in a court of admiralty, it is the duty of that court to see that more than an equivalent is given for the services, and this upon grounds of public policy. The rendition of a salvage service to the Merryman by the master of the Sealla entitles him, therefore, to ask of this court a salvage compensation, whatever may have been the benefit received from the Merryman by others of the crew of the Sealla. He was nine days in command of the Merryman. He met with no storm or unusual circumstances. To say the least, his anxieties were diminished, rather than increased, by taking charge of the Merryman. The value of the Merryman and her cargo was some $50,000. I think the master should be paid a thousand dollars as his reward.
In regard to the other persons, 11 in number, who went from the Sealla to the Merryman, and who, under the direction of the master of the Sealla, navigated the Merryman to New York, the case is different in this : that while they rendered useful services, and relieved a small crew, no doubt much worn by labor and anxiety, their services in no -way differed from the services they would have performed on board their own vessel; certainly they were no more important or arduous in character. These services were not necessary to the Merryman, for her crew, with the aid of a navigator, would have brought her in safely. Nor weie these services requested. The services of a navigator were required, and only the services of a navigator were asked of the Sealla. The services of the others were rendered voluntarily, because, not daring to remain on their own vessel, they obtained permission to come to the Merryman. These services were not those'of salvors. They were not necessary to the salving of the bark. They were not requested by the bark’s crew, who remained in possession of their vessel. They were accepted because voluntarily tendered, and they must be deemed to have been rendered as an equivalent fox the benefit they received
There must therefóre be a decree in favor of the libelant Augustus Hoffschild for the sum of $1,000, and the costs of this action. As regards the other libelants, the libel is dismissed, without costs.
Reference
- Status
- Published