The Lowther Castle

Citations

• 195 F. 604
• 1912 U.S. Dist. LEXIS 1659

Syllabus

<p>1. Salvage (§ 1*)—Towage (§ 1*)—Distinction Between “Salvage Service” and “Towage Service.”</p> <p>■ A “salvage service” is a service which is voluntarily rendered to a vessel needing assistance, and is designed to relieve her from some distress or danger, either present or to be reasonably apprehended, while a “towage service” is one which is rendered for the mere purpose of expediting her voyage, without reference to any circumstances of danger.</p> <p>[Ed. Note.—For other cases, see Salvage, Cent. Dig. §§ 1, 3, 4; Dec. Dig. SI;* Towage, Cent. Dig. § 1; Dee. Dig. § 1.*</p> <p>For other definitions, see Words and Phrases, vol. 7, pp. 6316-6318; vol. 8, p. 7018.]</p> <p>2. Salvage (§ 26*)—Nature op Service.</p> <p>The value of a service performed is not to be estimated in the light of subsequent events, but of the facts which seem to surround it at the time.</p> <p>[Ed. Note.—For other cases, see Salvage, Cent. Dig. §§ 57-64, 68, 84; ■ Dee. Dig. § 26.*]</p> <p>3. Salvage (§ 47*)—Towage (§ 8*)—Action por Compensation—Issues and Proop.</p> <p>■ Where the nature of a service rendered was in fact salvage, the burden rests on one who claims it to have been a towage service to plead and prove a binding contract for the towage.</p> <p>[Ed. Note.—For other cases, see Salvage, Cent. Dig. § 121; Dec. Dig. § 47 ;* Towage, Dec. Dig. § 8.*]</p> <p>4. Compromise and Settlement (§ 17*)—Salvage Service—Rights op Crew —Settlement by Owner.</p> <p>While the owner of a vessel which has performed a salvage service may settle for the vessel’s share in the compensation, he cannot exclude the crew from obtaining theirs.</p> <p>[Ed. Note.—For other cases, see Compromise and Settlement, Cent. Dig. §§ 66-74; Dec. Dig. § 17.*]</p> <p>5. Salvage (§§ 13, 34*)—Nature op Service—Moving Vessel prom Fire—! “Salvage Service.”</p> <p>Respondent steamship was moored to the pier of an oil company, extending from its yards in which there were a large number of tanks, when one of the tanks exploded wi