Page:Federal Reporter, 1st Series, Volume 7.djvu/377

 THE MABY E. LONQi 365 �ceeding up the bay with a schooner whioh she had contracted to tow to Philadelphia for $60, saw the Long'a signal, and immediately anchored her tow and went to the Long's relief. The Juno f umished a hawser, and succeeded after some time in pulling the schooner ofl the shoal. In the meanwhile the Long's signal of distress had been reported at the Dela- ware breakwater, and two other tugs started for her relief, arriving, however, just as she came ofE the shoal. The Juno turned over her orig- inal tow to one of these tugs, and proceeded with the Long to Philadel- phia. The Long was worth $6,000, lier cargo $18,557, and her freight $2,232. The vaine of the Juno was $18,000. �The libellants' teatimony was to the effect--- �That the shoal was a dangerous one, being formed of quicksand, and that other vessels groundingon it had been lost; that the Long was work- ing downand further upon the shoal; that she was thumping upon the lioy,.qin, and wonld soon have bilged ; that the wind was very strong ; and that the sea, was so high as to break oyer both the schooner and the tiig, ihd to render 'the ae'rvice of the tug very dangerous. '■''•'■ �The respondent's testimony was to the effeci— " �That the schooner was working across the shoal, and would, by the aid of her own sails, have worked ofE of it; that she was not thumping upon the bottom and not leaking ; that she was so little injured that after discharging her cargo at Philadelphia she took a new cargo and sailed forPortland without niaking ■any'repairsiextept caulking her tops and butts ; that. the wind was merely a whole-sail breeze ; that the sea was not bigh; and that; neither the Long nor the tug' were in any serions danger. �■ ■■:•' '.<'■! .'■. ' �._,.Theo,dor^_M,^f^tting and Henry R. Edmiinds, toi lilsellant. �,. James. B'iRoney y ioT tesTpandent. ', , �Butler, D. J. The libellants are entitled to compensa- tion as salvors. I see no room for doubt , of this. The re- spon dent was in peril. That she might possiby have eseaped without asistanoe, is not important. �"VVhat compensation should be allowed ? As in all similar cases, this question is embarrassing. While certain general rules may be appealed to for assistance, the measure of com- pensation must vary with the peculiar circumstances of each case. The subject is intelligently discussed in The Stetson, 1 Lowell, 119, where the circumstances were much like those of the case in hand. The considerations which should gov- ern the inquiry are: What woald the libellant have con- tracted to perform the service for, — taking the risk of fail- ure, — and what would the respondent have contracted to pay ? ��� �