Page:Federal Reporter, 1st Series, Volume 10.djvu/587

 THE SANDRINGHAM. 575 �beaching, wlthout expressing any intention to return ; indeed, it i& self-confessed. The ship was in bo great danger during the night after this abandonment, (the night of the 6th,) from the storm that came on, that it is not unreasonable tooonoh;de that she would have bilged and broken up, so that it would have been necessary to have removed her cargo by ganpowder, if the "wreckers, fortunately getting a hold on her -with their cable at 6 p. m., had not stood manfully by her all through the night, holding her firm with their cable, made tant by means of the capstan, and by means of rope and tackle ; for they were unable to use the ship's engines on the winches by reason that the ship's engineer had banked his lires and locked the engine- room before going on shore. Moreover, the ship was not only in this immediate danger of hopeless wreck, but there was no help within reaoh, whieh would have been at all adequate to the emer- gency, except that whioh was furnished with promptness and ampli- tude by this defendant. �The ship was again in equal danger on the night of the lOth, and was a second time saved by the stout efforts of these wreckers. Still again, on the 13th, when she had been finally got afloat by efforts exceptionally judieious, skilful, and successful, she escaped by less than an liour another storm more dangerous than either of the first two, which came on as she was entering Chesapeake bay, and which would have beached her a second time if she had remained but a little while longer outside. For it is not true, as some contend, that nar- row escape from a subsequent storm by means of the forecast, skill, and expertness of salvors is not to be considered in cases of this char- acter. See remarks of the courts, passim, in The Earl of Eglinton, Swabey, 8, and The Birdie, 1 Blatchf. at p. 240. See, also, 2 Par- sons, Shipp. & Adm. 284, 285. �As to the question of dereliet, it bas no other connection with this case than as an incident of the danger in which the vessel was when the salvage service was undertaken. A vessel may be a dereliet in the eye of the law, and as affecting the amount of the salvage reward, though it may not have been a dereliet in fact. It bas been held that if a master and crew leave their ship for the saf ety of their lives, a mere intention of sending a steamer after her does not take away from her the character of a legal dereliet. The Coromandel, Swabey, 205. If a ship be abandoned by a master and crew, sine spe recuper- andi, (without hope of recovering her by their own exertions,) which was the case as to the Sandringham and her cargo, it bas been held to be a dereliet in so far as the amount of the salvor's remuneration ��� �