Page:Federal Reporter, 1st Series, Volume 4.djvu/936

922 on the shore,—the Nichols and Little Kate and Davidson assisting to tow in the masts and rigging, but being unable of themselves to tow the vessel without the aid of the Sampson. Murphy engaged the Sampson at a stipulated price.

So far as the libellants Murphy, White, Gillis, Jameson, Byrns, and Russell are concerned, this is very clearly a case of salvage service, and is so admitted by the counsel for the claimants. The main question is, what shall be allowed for the service? and this depends largely upon the value of the property saved. Upon this point the testimony in the case leads to no precise or very satisfactory result. Mr. Littlefield, who was called to look at the vessel soon after she was brought in, says in his opinion she was worth, as she then was, $1,500. He is a ship-builder, and competent to testify; but his judgment is not conclusive, and, tested by other methods of ascertaining her value, cannot be received as precisely accurate. Mr. Stimpson, another ship-builder, and who worked on the vessel when she was built, says she was an "A 1" vessel, 72 tons burden; that she cost when new $6,500, and that in four years she would deteriorate 30 per cent., making her value at the time she went ashore some $4,610. But there was evidence that the cost of building vessels had diminished since this vessel was built, and that there should be a deduction on that account. Precisely how much the cost of building vessels has lessened does not appear, but Mr. Littlefield says he thinks this vessel could not be built for $4,000 or $5,000. This would show a shrinkage of from 25 to 30 per cent. Deducting 25 per cent, on this account from $4,600 would leave the value of the vessel when she went on to the rocks $3,450. Add to this sum the value of the masts, sails, and rigging, and the value would approximate the value put upon the vessel by the owners when insured, to-wit, $5,000.

Taking the value of the vessel when she started on her voyage as $3,450, by this method of estimating, and deducting $344.29, cost of repairing vessel's hull after she had been on the rocks, and been brought into Newcastle, and we have the value of the vessel, $3,105.71. From this sum is still another