Page:Federal Reporter, 1st Series, Volume 7.djvu/251

 COAST WEECKING CO. V. i>HŒNrS IKS. CO 239 �employed at theVindicator, was not a continuous service, prop- erly chargeable, in due proportion, to all the property saved, and that the services performed at the vessel, after the cargo had been separated from the vessel and stored at Staten Island, cannot be said to have been renderod to the cargo, it is not possible to say, in regard to the services performed in immediate connection with the cargo, that any particular service and no other was rendei-ed to the cargo insured by the defendant. On the contrary, in my opinion, the service performed by the Coast Wrecking Company in relation to the cargo was a continuons one, in which all the cargo saved yra& interested, and was undertaken for the benefit of all. The burden should, therefore, be borne in due proportion by all the cargo saved, including that insured by the defendants. �In regard to the objection to the Coast WrecMng Corn* pany's demand of 50 par cent, as a proper salvage compen- sation, to be paid by the property saved by their efforts, that it is excessive, I must say that I deem a salvage of 50 per cent, liberal; but I canhot say that, in view of ali the circum- stances, it is excessive. It bas not so appearedto any other of the parties interested, all except the defendants faaving agreed to that amount, and actually paid their proportionate share thereof. �' My determination, therefore, in this action, so far as it.i's an action by the Coast Wrecking Company to recover sal- vage, is that 50 per cent of the value of the goods delivered to the Phœnix Insurande Compatly, aceording to the value fixed by the average Statement, is a proper salvage reward; and as a proinise on the part of the Phœnix Insurance Company to pay a proper salvage is to beimplied from the fact that they received the cargo subject to a lien therefor, a decree foi that amount will be rendered herein in favor of the Coast Wrecking Company. ' �The remaining branch of the case pertains to the demand of Johnson & Hig^ns, aVerage adjastefsi From this de- > mand the amount of the salvage due onthe'caSrgo received bj^ the detendants haS beeri elimitiated by the d^eter'miiiatioi)/ just ��� �