Page:Federal Reporter, 1st Series, Volume 10.djvu/602

 590 FEDERAL REPORTER �(N. S.) 594, a steamer which earried fore and aft sails only, and -was not rigged for proceeding under sail alone, had broken the main shaft ot her propeller. She put up signais of distress, and was towed by another steamer 40 miles into a port to which she was not bound. It was urged that she was making fair progreas tdwards a safe port by means of her sails, under no circumstances of danger. The ques- tion arose directly whether the service was salvage or towage, because the towed steamer had paid to the other a sum for the service, and the crew of the towing steamer put in a claim for a share in the money as salvage to be distributed. The owners desired to retain the whole, as towage money only. Sir Eobert Phillmore held that the case was one of salvage and not of towage only, and gave to the crew a share of the money. Citing the case of The Princess Alice, he said : �"I think in this case the circumstances show that something more was required than expedition, and something more than mere acceleration of progress. Here was a vessel lying with lier main shaft broken. The great difflculty of a screw steamer is invariably when her shaft is broken. In this case she put up two flags for assistance. I ara satisfled that the principle is laid down in many cases that, under these circumstances, flags are put up on the ship for the purpose of obtaining salvage service.: The service, therefore, in this case was one of a salvage character." �In the present case the Leipsic did what was equivalent to putting up flags for assistance or signais of distress by sending by the bark the message she did, and by ordering rocket signais to steamers on the night of the 12th, and by her signal to the Gresham when the latter came in sight. The present case is not at all like that of The Emily B. Souder, 15 Blatchf. 185. In that case it was held that there was mere expedition by towage in order to deliver passengers sooner at the port to which the towed and the towing steamer were both of them bound; and the master of the towing steamer neither did nor said anything at the time to indicate that he regarded the case as one of salvage. In the present case, asking even £3,000 for towing a dis- tance of 125 miles was a clear indication of a claim to a salvage service. �The case is one of a quantum meruit, for salvage. The value of the Leipsic, cargo, and freight was over $264,000. The value of the Gresham was $90,000. In regard to the Leipsic there are these facts : She had lost the use of her steam-power ; with the sails she had, and such winds as she had had, she would, at her prior rate of sailing, have been between three and four days in reaching Sandy Hook ; she ��� �