Savannah morning news. [volume] (Savannah) 1868-1887, 1881-12-16

temerity, In coming within fifteen feet OF the
burning schooner, when their steam nre pump
a. Hudson terrified, could throw good body
of water thirty feet and It may also be noted
that the witnesses on the question OF danger ex-
pressed the opinion that neither the brameH
nor White was in anv peril.
at the time the Forest CITY and the other
tugboats caught fire, from one or both OF the
burning vessels, or otherwise, she was under
the lee Of the schooner Terry, ten feet from
her starboard bow, fast aground and without
steam She threw water from her hand pump
: against the fire on these boats aud herself I'M
til it was conquered; and, at Intervals, wnile
thus employed, threw a little water on the
jibboom of the Terry; and after she had sup
pressed the fire on herself and the two tugs,
she threw more water on her than previo usly.
1t was argued for the RESPONDENTS that the
main purpose of the Bramell and Forest CITY
was to save the tugs moored at the wharf; ana
that if the Wheless had not been towed away
by the Bramell, and the fire ext1nguished on
the cry the tugs would have been destroyed
by fire; and that the saving OF the Terry was
incidental and subordinate to the main pur-
pose; and that this view is supported oy the
witness Darby. who proves that the master
of the Forest City called on him 10 pull the
Commodore Foote LynnO out, and he refused,
because be thought the best way to save the
tugs was to put out the fire on the Terry, and
that the court should consider these matters
in estimating the QltGntuHn Of salvage II
seems to me that the evidence of Darby fails
to prove that the saving of the Terry ana her
cargo was incidental and subordinate to the
asserted main purpose; but suppose such pur-
pose did prompt the Bramell and Forest City
to aid in saving the Terry first, still l cannot
perceive how that could affect the respond
ents injuriously, or why it should be cause
for diminishing the salvage compensation: and
even if that purpose were conclusivelY proven,
il could not legally be considered IN awarding
salvage remuneration. The court, in the case
presented here, will look only at the services
rendered to the Terry and cargo, and TO the
towing away OF the Wheless by the Bramell
If they performed salvage service for these
tugboats, they have their remedy over; pro-
vidsd they possess a valid legal and subsisting
claim. In the case of lie Tigre. 4 Wash, 567. Mr..
Justice Washington said; 1.-THE owner whose
property has been preserved from destruction
by acts of a stranger has no right to inquire
into the motives which influenced his conduct,
provided he acted legally "
The libellants and intervenor claim half or at
the lesst third of the value Of the salved prop
erty as a reward for their services. In England
the ancient rule allotting a mOiety in derelict
cases obtained up to the latter part Of the
reign of Cha les the Second; then the Ad-
miralty Courts changed the proportion and so
far relaxed the rule as to give third in cases
involving no great danger; and in those at
tended with extraordinary peril moiety was
still awarded. in the early part Of the last
century the correctness OF a rule OF fixed pro-
portions began to be questioned, then discoun-
tenanced, and at length aban toned, and flexible
and more salutary rule was declared by the
British Admiralty tribunals; and subsequently,
(after much diver slty OF opinion In The ederal
c)uris) the modern English rule was approved
and adopted in this country by the Supreme
Court of the United states in the case of Post
ct al. VS.. Jones ct al. l9 How, $50.
In the case of the Thetis, 3 Hagg II, the
court ssid "All claims of spf cific proportions,
and particularly the distinction of derelict,
have been diScountenanced, and may be said,
indeed. never to have exist ed ia modern times
In cases of extreme hazsrd, one
third of the value or one fourth. or one sixth,
or one ninth, or a sum of money only on &C
count of salvage is given"
In Post ct al VS. Jones ct al. supra, the
court by Mr. Justice Grier, said The case be.
fore us is properly one of derelict. Ia such
cases it has frequently been asserted, IS gen
eral rule, that he compensation should not be
more than half nor less than third of the
prOpe tY saved. But We agree with DR.. Lush
iogton the Florence, 20 e. l. and G r. 622J
that the reward in derelict cases should be gov
erned by the same principles as other salvage
cascs, namely: danger to property, value, risk
of life, skill, labor and the duration Of the SER
vice. +" and that mo valid reason can be assigned
for fixing reward for salving 6erelict property
at a moiety. or any given proportion, and the
true principle is adequate reward, according to
the circumstances of the case "
Thirdly. as to cOmpensation or rate Of
award: Danger to property. THE court has
a ready ruled that nei her the Bramell nor
White was danger. The Forest City was in
some danger; not Incurred, however by rea-
son of her salvage seIv vice to the Terry, but by
being set on fire BIZ one or both OF the burning
vessels. ''Vaiue. The schooner and cargo
were valued at S9194; no evidence was given,
or agreement made, as to the value of the
Bfaneli. FOf 81 ClJ5 VI " ulI6. RISK OF
| lire Although risk or danger 10 life is not
necessary element ia salvage service, yet,
What enhances the pretensions Of salVOrs
most said Sir William scott in the case Of the
BIackford q Rob. r a55) is the actual danger
which they have incurred; the value of human
life is that which is. and ought to be- principal
| " considered in tho preservation of other
mems property: and il IL be shown to have
been hazarded, it is most highly stimated D."
| The reason has been already assigned why the
salvage enterprise Of the Bremell and White
was not accompanj. with difficulty. personal
exposure or danger to life or limb. skill. y
7 he alacrity, address, dexterityR ud knowledge
Of the employment splayed by the Bramell
and White deserve appreciation. Labor. Ut
was done in the day time the weather mild,
the wind light; and from the facts and sur
rounding circumstances, it may be fairly in
ferred that the physical exertion was neither
rksOme or fatiguing. Duration Of the SER
vice This is not a prominent ingredient
in salvage ventures, and much stress ought
not to be laid upon it, for the actual time con
sumed in the service-here it did not extend
beyond an hour-is not, except in peculiar and
extraordinary instances. a leading element in
decreeing salvage compensation; indeed, the
rate of salvage is not governed by the mere
extent of labor Further observations on
illusions to he main questions in this cause
are unnecessary; suffice it to remark that the
services rendered by the Bramell and White
were of superior merit and equal in the result
achieved; equal be their reward
During the final hearing, counsel for res
pondents took the ground that there
was no proof of ownership by the
libelsnts, H. j. Dickerson ct al It was
ruled, in Wash r 651 that if the facts al
legged in the libel are not denied in the answer
they are not, therefore, to be taken as COR
fessed. But the twenty seventh admiralty
rule provides that the answer shall be full ex-
plcit and distinct to each separate article or
allegation in the libel l am of opinion that
the question of ownership should have been
made IN lipliTe, by negative plea, in the M
ture of a plea in abatement, IN analogy 10
pleading in chanceTy; or by plea of no title or
no properly; or denial in the answer. But If
this view is found to be erroneous, the court
can correct it, by causing the money aw arded
to these libellants to be PLACED in the registry
until the ownership is settled.
DECREE
1t is ordered, adjuds ed and decreed by the
court that the defendants pay to the lihellants,
H. j. Dlckerson ct al. the sum of seven hun
dred dollars for the salvage services performed
by the steam tugboat Bramell; and also pay to
said lihellsnts the sum of two hundred dollars
f the salvage services of the steam tugboat
Forest City and pay to the intervenor, the
American Dredging Company, the sum Of
seven hundred dollars for the salvage services
of the steam tugbOat Mary 7 White. and costs
The Clerk. as assessor, will apportion each sum
decreed upon the several interests at risk.
Mr. Levy and Mr. Abrams for Hbellants and
Intervenor; Mr.. Mercer for respondents.
Filed December ID, 1881.
TONu JAcK Mo SaDfamher IA 1870