Page:Federal Reporter, 1st Series, Volume 3.djvu/257

 250 FEDERAL REPORTER. �vessels that have receîved no injury or damage, and that mere towage reward is payable in those cases only where the vessel receiving the service is in the same condition she would ordinarily be in, without baving encountered any damage or accident." �In the case of The Westminster, 232, he adda: "The degre© of the danger is immaterial, in considering the nature of the service, for if the cargo at ail required assistance to remove it to a place of safety, the service then assumes the charac- ter of a salvage service." See, also, The James T. Abbott, 2 Sprague, 101 ; Baker v. Hemmingway, 2 Low. 501. In the case of The M. B. Stetson, 1 Low. 119, the court remarks: "Speaking generally, it may be said that the mere fact that a vessel is aground, is enough to show that she is in a situa- tion to have a salvage service." �While this language was not intended to apply to a ground- ing upon a mud bank in a river or harbor,.which is an ordi- nary incident of navigation, I think it may be properly ap- plied to any case where the grounding is attended with danger to the vessel, if she be suffered to lie there. �The case being one of salvage, libellants are entitled to be paid first, even before the seamen whose wages were earned prior to these services; since it is owing to their exertions that anything remains to which the lien of the seamen can attach. The Selina, 2 Notes of Cases, 18; The Mary Ann, 9 Jur. f>4; The Panthea, 1 Asp. Mar. Law Cases, 133. The commissioners will amend the report by classifying the claims as follows : (1) Salvage services ; (2) seamen's wages ; (3) claims of tugs and material men, those of a later year rank- ing those of a former ; (4) domestic claims. �Note. — See DaUtrom v. Scliooner E. M. Davidson, 1 Fed. Kep. 259 ; P. P. M. B. e W. Co. Y, Sieam-Boat H. C. Yeager, Id. 285 ; Mayo v. Clao'k, Id. 735. ����