Page:Federal Reporter, 1st Series, Volume 5.djvu/125

 THB STEiMEB LEIPgIC. 113 �also clear that the amount suggested by the agreement is very greatly in excess of the amount whiclx the court would award for the same service. The Adirondack, 3 Fed. Eep. 387, and cases cited; The Saragossa, 1 Ben. 551; The Colon, 4 Fed. Eep. 469 ; The Ellora, 1 Lash. 550. The libel in this case does not allege that the service rendered was a salvage serv- ice ; but whether a service of this nature is, under the pecu^ liar circumstances of the case, to be considered as technically salvage, or only as an extraordinary towage service, it is to be compensated, not upon the ordinary principle of a quan- tum meruit, but liberally and with a view to ail the circum- stances. The Emily B. Souder, 15 Blatchf. 191. In this case, I think, under the circumstances, it was a salvage service. The Ellora, supra. The Leipsic was not in distress, other than that which was occasioned by the disabling of her steam motive power. She could be navigated under sail, ,and was in a position from which she could reasonably be expected to reach port in four or five days, with favorable winds, or at any rate to reach a position where she could certainly obtain assistance to tow her into port, and she was not out of the ordinary track of vessels going to and from New York. Her principal motive for asking assistance was the saving of time she would make by reaching port without further delay. It does not appear that her cargo was perishable or liable to deterioration. The Gresham went out of her way some 40 miles to find the Leipsic. She also deviated from her voyage to Baltimore, and came to New York to render this service. Her arrivai in Baltimore appears to have been delayed about 48 hours, yet as she had till the twenty-fifth of September to report herself there, she ran very little or no risk of losing the benefit of her charter by the performance of this service, and did not in fact suefer any loss of employment by reason of the delay. Her service was, however, highly meritorious and beneficiai to the Leipsic. Under ail the circumstances of the case I think the Bum of $3,750 a fair compensation. �These libellants, the owners of the Gresham, sue only on their own behalf. They bave not joined the master and crew of the vessel as libellants, nor do they sue in their behalf; yet �v.5,no.l — 8 ����