Page:Federal Reporter, 1st Series, Volume 5.djvu/471

 COFFIN V. SBIO AEBAB. eS9 �seamen began to reeover, and soon were able to assist, to some extent, in working the vessel. On the 2lBt two sails were carried away. On the 23d a pilot was spoke, and on July 23d the brig was towed into the lower bay by a tug. Donald was thus in charge of the brig some eight days. During one day he had but one man with him able to stand up. During three days he had but two men. He was de- prived of sleep during most of the time, standing as lookout when not at the wheel. �The f acts, as ail concede, show a very meritorious service rendered to the Akbar, and the only question in dispute is in regard to the amount of salvage proper to be awarded for such a service. In determining this amount I have given heed to the foUowing considerations : �The property of the owners of the Munson was put at risk. If Captain Coffin had caught the fever, and had died, their vessel would have been without any officer whatever. As it was, their vessel performed the rest of the voyage with but a. single navigator on board, and without either mate or second mate, and with one man short in the crew. Captain Coffin was under no legal obligation to board or s^eak the Akbar. He might bave tumed away as the schooner did. By going on board the Akbar and ministering to the wants of her captain he assumed the risk of taking the disease ; and by permitting his second mate to join the Akbar he added largely to his own responsibility as master of the Munson. �Donald, the second mate, displayed great courage in assent- ing to the suggestion that he take command of the Akbar. When on board he showed ability and judgment in the man- agement of the brig. It is true that he had once had the yellow fever; But it is knowu that the disease may, under some circumstances, be taken a second time, and it cannot be doubted that he acted under the belief that he assumed a great risk of taking the fever. He also assnmed a risk of being lost with the brig. By good fortune he met with no severe weather, but it might bave been otherwise, and he was in no situation to encounter a storm, or any other emergency. The peril assumed in taking charge of a vessel situated as the ����