1925 A. M. C.

A salvage claim may not be based upon a benefit which is only indirect. SDNY Leviathan, 1925 AMC 827

TUG EXTINGUISHING FIRE ON ELECTRIC WELDING BARGES-N. Y. HARBOR. SDNY Wm. H. Taylor, 1925 AMC 1364

TUG EXTINGUISHING FIRE IN ENGINE ROOM OF STEAMER-N. Y. HARBOR.

SDNY Fort Gaines, 1925 AMC 1364

TUG WITH BROKEN STEAM LINES-SALVORS BOARDED AND STOPPED ENGINES-
MODERATE ORDER.
EDNY Cornell, 1925 AMC 1498

1123. Stranding.

STRANDED TANKER ON REEF IN BAD WEATHER-HIGH ORDER.

ICCA Anahuac, 1925 AMC 318 Where small tugs come to the rescue of a stranded steamer and attempt unsuccessfully to float her until a large wrecking vessel arrives and undertakes the work which is finally successful, the small tugs have performed salvage services and are entitled to awards, although they have been dismissed upon the arrival of the large wrecking vessel. 4CCA Santa Rosa, 1925 AMC 744

1124. Fire.

FIRE ON BARGE EXTINGUISHED BY TUG GRAVESEND BAY-LOW ORDER.

EDNY Frank Furst, 1925 AMC 318 TUG EXTINGUISHING FIRE ON ELECTRIC WELDING BARGES-N. Y. HARBOR. SDNY Wm. H. Taylor, 1925 AMC 1364

TUG EXTINGUISHING FIRE IN ENGINE ROOM OF STEAMER-N. Y. HARBOR. SDNY Fort Gaines, 1925 AMC 1364

1125. Peril from Enemies.
1126. Vessel Sunk or Sinking.

114. Request for Services.

Furnishing convoy to a leaking steamer whose master requests such assistance and sending men to her on the high seas to help jettison grain, are salvage services, but not of such merit as to warrant a percentage allowance. Award reduced from $60,000 to $35,000.

2CCA Sapinero, 1925 AMC 146 A tug which pours water on a burning pier, but not in a steamer lying beside the pier, may not claim salvage from the steamer, where it appears that the steamer was able to extinguish such fire as communicated itself to her with her own forces or with aid from the land, and made no request. SDNY Leviathan, 1925 AMC 827

A salvage claim may not be based upon a benefit which is only indirect. SDNY Leviathan, 1925 AMC 827

1141. Acceptance of Aid Offered.

115. Benefit Arising from Service.

A libellant for salvage services must prove by a preponderance of evidence that his services resulted in benefit to the salved vessel. 2CCA Aragon-Hatteras, 1925 AMC 1273 Simply pulling on a stranded ship a considerable time before favorable tide and swell coincide with her floating is not enough to establish a claim for salvage services.

2CCA Aragon-Hatteras, 1925 AMC 1273

116. Rival and Successive Salvors. Where small tugs come to the rescue of a stranded steamer and attempt unsuccessfully to float her until a large wrecking vessel arrives and undertakes the work which is finally successful, the small tugs have performed salvage services and are entitled to awards, although they have been dismissed upon the arrival of the large wrecking vessel.

4CCA Santa Rosa, 1925 AMC 744

Index-Digest.

Where one tug tows a helpless vessel from the open sea to an anchorage and a second tug tows her into port, the services of both tugs constitute salvage services. 5CCA Minnesota, 1925 AMC 1234

117. Persons Liable to Pay.

118. Persons Who May Claim.

A tug captain who directs the work of several tugs in a salvage operation is entitled to a special award. 4CCA Santa Rosa, 1925 AMC 744

1181. Apportionment.

Where a charter party provides that salvage shall be for owners' and charterers' equal benefit, parole evidence may be introduced to show that all claims arising out of the charter party were included in a settlement between owner and charterer, including owner's claim to share in an amount received by charterer in general average award and not for a salvage service within the contemplation of the charter party. 9CCA Columbia, 1925 AMC 664

1182. Common Ownership.

CHARTERER WHO HAS RECHARTERED CANNOT COLLECT SALVAGE FROM BARGE
BUT CAN FROM SUBCHARTERER.
EDNY Capella, 1925 AMC 794

1183. Prior Contract of Employment.

119. Unsuccessful Attempt at Salvage

12. AMOUNT.

Where an underwriter contracts for salvage services and fails to pay, the salvor's lien is limited to the amount agreed in the contract. 5CCA Leonie O. Louise, 1925 AMC 607

121. Interest in Discretion of Court.

1211. High Order.

1212. Moderate Order.

1213. Low Order.

2CCA Sapinero, 1925 AMC 146 SDNY Wm. H. Taylor, 1925 AMC 1364 EDNY Cornell, 1925 AMC 1498 EDNY Frank Furst, 1925 AMC 319

EDNY Capella, 1925 AMC 794 4CCA Santa Rosa, 1925 AMC 744 EDNY Thetis and Barges, 1925 AMC 806 2CCA Zaca, 1925 AMC 765 SDNY Fort Gaines, 1925 AMC 1364 An award of less than double the usual towing rates is not excessive for towing a helpless vessel from the open sea to safety.

5CCA Minnesota, 1925 AMC 1234

1214. Loss of Time and Business.
1215. Salvage Denied.

A tug which pours water on a burning pier, but not in a steamer lying beside the pier, may not claim salvage from the steamer, where it appears that the steamer was able to extinguish such fire as communicated itself to her with her own forces or with aid from the land.

SDNY Leviathan, 1925 AMC 827 A salvage claim may not be based upon a benefit which is only indirect. SDNY Leviathan, 1925 AMC 827

Simply pulling on a stranded ship a considerable time before favorable tide and swell coincided with her floating is not enough to establish a claim for salvage services. 2CCA Aragon-Hatteras, 1925 AMC 1273

122. Salvage Contract.

66

1925 A. M. C.

A contract made by an underwriter on a no cure no pay" basis to
float a vessel driven ashore and aground in an exposed position is a
salvage contract.
5CCA Leonie O. Louise, 1925 AMC 607

1221. Fair and Enforceable.

1222. Unfair and Void.

123. Damage Done by Salvors.

1231. Negligence.

The act of a tug salving a tow drifting on the rocks at Hell Gate, in
pushing the tow away from the rocks, held not careless or negligent,
but under the circumstances reasonable and proper navigation.

1232. Misconduct.

1233. Forfeiture of Rights.

13. LIEN (see also Maritime Liens).

SDNY Woodmancey, 1925 AMC 1059

Where a salvage contract to float a vessel is made by the vessel's under-
writer, and the underwriter fails to pay, the salvor has a lien upon the
vessel itself.
5CCA Leonie O. Louise, 1925 AMC 607

131. Priority and Rank.

132. Waiver.

133. Discharge.

14. ACTIONS.

A decree awarding a barge owner damages for injury caused to his barge
by a charterer is no bar to a subsequent claim that the charterer is
liable to pay salvage for which the owner is sued.

SDNY Tice vs. McWilliams, 1925 AMC 417
Under such circumstances, the two-year limit for causes under the Trans-
portation Act does not commence to run until the owner's liability for
salvage is established. SDNY Tice vs. McWilliams, 1925 AMČ 417
Simply pulling on a stranded ship a considerable time before favorable
tide and swell coincided with her floating is not enough to establish a
claim for salvage services. 2CCA Aragon-Hatteras, 1925 AMC 1273
141. Venue.

142. Collection.

143. Appeal.

Furnishing convoy to a leaking steamer whose master requests such
assistance and sending men to her on the high seas to help jettison
grain, are salvage services, but not of such merit as to warrant a per-
centage allowance. Award reduced from $60,000 to $35,000.

2CCA Sapinero, 1925 AMC 146
An appellate court should not disturb a salvage award unless some prin-
ciple of law was violated or unless there has been manifest error in
the exercise of discretion.
4CCA Santa Rosa, 1925 AMC 744
The case of towing the burning steamer Zaca from anchorage to beach
was one of the lowest order; the salvage award was on appeal re-
duced from $31,250 to $15,000.
2CCA Zaca, 1925 AMC 765

15. PERSONS AND VESSELS LIABLE.

Where a salvage contract to float a vessel is made by the vessel's under-
writer, and the underwriter fails to pay, the salvor has a lien upon the
vessel itself.
5CCA Leonie O. Louise, 1925 AMC 607

16. SALVAGE ACT, 1912.

The limit on time to sue for salvage set by the Salvage Act 1912, Section
4, applies to actions in personam as well as in rem.

EDNY Small vs. Standard Oil Co., 1925 AMC 869

Index-Digest.

The defence afforded by Section 4 of the Salvage Act 1912, that suit has
been brought more than two years after the time when the service
was rendered, may not be struck out by exceptions to the answer.
EDNY Zaca, 1925 AMC 868

SEAMEN.

See also Articles and Wages, Death, Illness, Limitation of Liability, Master,
Personal Injury.

11. WHO ARE SEAMEN.

The crew of a dredge engaged in deepening the channel of a navigable
river are seamen.
EDPa Hurricane, 1925 AMC 42
CREW OF GOVERNMENT LAID-UP SHIPS NOT SEAMEN.

EDNY Plow City, 1925 AMC 177
A seaman who, in order to avoid being abandoned in a foreign port,
becomes a stowaway and thus returns to the United States without
his name being on the crew list has not necessarily abandoned his
calling and is entitled to entry into the country.

SDNY President Harding, 1925 AMC 677
ALIEN WITH FIRST PAPERS ENTITLED TO AMERICAN PROTECTION BUT IS
NOT AMERICAN NATIONAL. Mixed Claims Columbian, 1925 AMC 1516

12. LOSS OF CLOTHING AND EFFECTS.

13. DECEASED SEAMEN, DISPOSITION OF WAGES AND EFFECTS.
14. SEAMEN'S ACT 1915, 38 STAT. 1164.

SHIPPING COMMISSIONERS.

-Power to Decide Disputes-R. S. 4554.
Section 4554 of the Revised Statutes vesting authority in shipping com-
missioners to decide questions between the master and crew has appli-
cation only to such controversies as are actually submitted in writing
to the commissioner, and the mere insertion of a clause in the seamen's
contract, providing for such submission, is not equivalent to a written
submission.
EDLa Howick Hall, 1925 AMC 1002

STATUTES.

References are to initial pages of cases in which statutes are cited.

UNITED STATES REVISED STATUTES.