Page:Federal Reporter, 1st Series, Volume 1.djvu/744

 Î36 FEDERAL EBPOETEB. �supposing that they had undertaken a salvage service. Noth- ing was said by either party at the time ; and if the wind had gone down rapidly, and the barkentine had been towed to Boston without much difficulty, we might never have heard of a salvage claim. But matters did not turn out in this way. There was difficulty and danger, and another tug was obliged to corne to the assistance of the libellants, to prevent serions danger if not loss to the Frank Lambirth. That tug was undoubtedly a salvor, and bas been paid as such siuce the case left the district court. �Upon the whole evidence, which was very elaborate and full, I am of opinion that the Frank Lambirth was in danger at the time the tug WooUey came up. I think there had been one failure to tack. Some of the witnesses deny this, but they are, perhaps, referring to a later period than at which the second mate of the barque says that they did try to go about without success. Whether he is aceurate or not, I think the vessel either was, or was thought to be, unable to tack, and would bave found it necessary to come to anehor in a very short time; and, as she was on a lee shore, there can be no doubt that if she had been at anehor there would bave been, as the wind and sea then were, need of speedy relief. �I do not think that the libellants were as careful as they should bave been in respect to the scope of hawser, and it is not improbable that the parting of the hawser would not bave occurred if more scope had been given. But I am not at ail sure that this accident had much effect upon the resuit of the adventure. Without it the tug must bave had assist- ance, and the assisting tug would bave been a salvor. �Upon the whole, while I would not encourage any real or Bupposed readiness which owners of tugs may bave to con- vert a simple towage service into one of salvage, I find that the peculiar facts of this case relieve it of any such appearance. �ïhe amount awarded was liberal, but no serions objection was raised to it. �Decree affîrmed, with costs. ��� �