Page:Federal Reporter, 1st Series, Volume 5.djvu/111

 MUItPHY V. SHIP BULIOTE. Ô9 �Eighth. Looking at the model of the Belgenland, and sup- posing the fore-try-sail to be somewhat lower, (as is admitted it should be to correspond with the sail on the vessel,) state whether it was possible for this sail to have gotten in front of and hidden the starboard light from the bark on the night of the collision, supposing the sail to bave been set and trimmed as stated by the respondent's witnesses, whose testimony respecting this will be handed you herewith? Answer. In answer to this interrogatory, the tack of the fore-try-sail, being somewhat lower than that shown on the model of the Belgenland, it ia quite possible that, with the heeling of the ship and the bagging of that sail, it would obstruct the green or starboard light from the bark, and also obstruct the bark from the lookout on th» bridge. ���MuEPHY and others v. Ship Suliotb. �{Circuit Court, D. Louisiana. , 1880.) �1. BAiiTAGB. — ^When a vessel is in distress and in danger of destruction, and calls on otliers for help, or, being abandoned, is saved by their voluntary efEorts, it is a case of salvage, unless the salvors act in the performance of a mere duty, as where they are employed by the pub- lic authorities to perform tho very service. �Hdd, under the circumstances of this case, that if the flre depart- aient of New Orleans had extinguished the flre whilst the vessel was lying at the wharf, no salvage could have been claimed. �8. Amoxtnt of Salvage.— The amount of salvage that ought to be al- �lowed depends on the extent and danger of the services, the risli to which the vessels and other property employed in the service were exposed, and the value of the property saved, and the risk of destruc- tion by which it was imperilled. �9. Same. — Salvage should be rcgarded in the light of compensation atid �reward,— not in the light of prlze. It is the reward granted for sav- ing the property of the unfortunate, and should not exceed what la neoessary to insure the most prompt, energetic, and daring efEorts of those who have it in their. power to furnish aid and succor. Any- thing beyond that would \k f oreign to the principles and purposes of salvage. Anything short of it would not secure its objecta. �Appeal from the decree of district court. ����