Page:Federal Reporter, 1st Series, Volume 9.djvu/431

 416 FBDEBAL BEPOBTBB. �Upon these facts I am of opinion that the Germania is clearly enti- tled to charge compensation, according to both early and late decis- ions. TheRaikes, 1 Hagg. 246; The Charlotte, S W. Eob. 68, 71 ; The Saragossa, 1 Ben. 551 ; The Leipsic, 6 Fed. Eep. 108, 113 ; Brooks v. The Adirondack, 2 Fed. Eep. 887, 872; Atlas Steam-ship Co. v. The Colon, 4 Fed. Eep. 469; MeConnochie v. Kerr, 9 Fed. Eep. 50. If not salvage it is "mere towage." In the definition of tow- age given by Dr. Lushington in the case of The Princess Alice, 3 W. Eob. 138, 80 often cited, he says : "Without attempting any definition ■which may be universally applied, a towage service may be described as the employment of one vessel to expedite the voyage of another when nothing more is required than the accelerating her progress;" and in the case of The Reward, 1 "W". Eob. 174, he says mere towage service is confined to vessels that have received no injury or damage; where the vessel receiving the service is in the same condition she would ordinarily be in without' ha ving ineurred any damage or acci- dent. These rules have been adopted and applied by this court in the case of The Saragossa, 1 Ben. 551, and in many other cases. �In the case of Hennessy v. The Versailles, 1 Curtis, 356, the court, Ctirtis, J., says: �" I do not think there is such a thing as towage service known as such to the marine law, as eontradistinguished from a salvage service. Towage, like pumping or steering, making sail, or any other ship work, may occur in the ordinary course of navigation, or may be a means of salvage; and whether it is to be paid for according to a quantum mei-uit, or at an agreed priee, or by wages, or by a salvage compensation, must depend upon the eircumstances under which it is performcd. In this case the Versailles being in distress, aud in a condition to have a salvage service rendered to her, and having been relie ved by towage, that towage was in its nature and eircumstances a sal- vage service." �Now, it is not necessarj' to constitute a salvage service that the danger be immediate or absolute ; it is sufficient that at the time the assistance is rendered the ship has encountered any danger or mis- fortune which might possibly expose her to destruction if the service were not rendered. The Charlotte, 3 W. Eob. 68-71 ; The Saragossa, 1 Ben. 551. A situation of actual apprehension, though not of ac- tual danger, is sufficient. The Raikes, 1 Hagg. 247; The Sloop Joseph C. Griggs, 1 Ben. 81 ; The Bella Constance, 33 Law J. (N. S.) 191. When towage, therefore, is rendered to a disabled vessel, not with a view merely to expedite her passage from one place of safety to an- other, but with the obvious purpose of relief from some eircumstances ��� �