Page:Federal Reporter, 1st Series, Volume 9.djvu/68

 M'aONNOCHIS V. EEBS. O3 �■we could have gone anywhere. "We could have reached anehor and sent par- ties for relief." He also test^fled that the gales incident to that region were "northers and hurricanes;" that " in a northerly gale the ship was in a good berth;'* but that "a hurricane would have placed the ship in jeopardy." Before reaching Fortune island the wind had died down to perfect calm. While on their way thither two other vessels were sighted going to or from New York. �Upon these facts I must hold the service rendered to the Colon to have been not a mere towage service, but in the nature of salvage, within numerous decisions of this court in analogous cases, some of them of quite recent date. The Steamer Leipsic, 5 Pbb. Eep. 108, 113;. Brooks V. The Adirondack, 2 Fbd. Eep, 387; S. C. 872; Atlas Steam-ship Co. V. Sieam-ship Colon,^FET>. Eep. 469;^ The Saragossa, 1 Ben. 551; The Emily B*. Souder, 15 Blatchf. 185i See, also, Mayo V. Clark, 1 Fed. EEPi 735; Corwin v. The Barge Chase, 2 Fed'. Epp. 268; EhrmanVi TheSvuiftsure, eFEDiEsp. 4i63; The'Aihenian,S F.EP. Eep, ^48; The Reward, 1 W. Eob. 174; The Charlotte, 3 Wj Ech. 7.1. ; : . - �,A salvage service is a service whioh is vblantarily rendered to a vesselneeding. assistance, and is designed to relieve het froEa ebme distresB or danger either present or to be reasonably appreheiided. A towage service is One which is rendered for the mere purpose of expediting her voyage, without reference to any circumstances of a&h- ger. "Mere towage service," says Dr. Lushington, {The Reward, 1 \y. Eob. 177,), "is confined to vessels that have received no injury or damage; and mere towage reward is payable in those cases only where the vessel receiving the service is in the same condition she would ordinarily be in without having encountered any damages or accident." And m The Princess Alice, 3 W. Eob. 138, he says: "It is the employment of one vessel to expedite the voyage of another," �To constitute a salvage service it is "not necessary that the dis- tress should be actual or immediate, or the danger imminent and absolute ; it is sufi&cient if at the time the assistance is rendered the ship ha,s encountered any damage or misfortune whieh might possi- bly expose her to destruction if the service were not rendered, " The Saragossa, 1 Ben, 551, 553; The Charlotte, 3 W. Eob. 68, 71. So, if a vessel is "in a situation of actual apprehension, though not of actual danger." The Raikes, 1 Hagg. 247; The Phantom, L, E. 1 Adm. 58 ; l^he Joseph C. Griggs, 1 Ben. 81. And "the degree of dan- ger," says Dr, Lushington, "is immaterial in considering the nature of the service." The Westminster, 1 W. Eob. 232. ��� �