Page:Federal Reporter, 1st Series, Volume 3.djvu/256

IHB ATHENIÀN. 249 �oiï Stony islancl, so-ealled. At the time she struck she was somewhat out of the usual channel, upon the American aide, and lay in such a position that the current, and the swell of passing feiry-boats, caused her to swing upon the rooks and injure her bottom. �F. H. Canfield and Jas. J. Atkinson, for tho salvora, �Mr. Donnelly, for the seaman. �George E. Halliday, for material men. �Bbown, D. J. The only question in this case ia whether the expenses of getting this vessel off Stony Island reef and towing her to Windsor are entitled to be paid in preference to the seamen's wages and the ordinary claima of material men. This claim is not for salvage in the strict sense of the word. There was no immediate danger to the schooner; there was no peril ipcurred by the salving vessel. The job was undertaken upon a contract for a sum certain, substan- tially like any other contract for towage services. Had the vessel been sunk at her dock, or at any other place where there was no reasonable probability of her suffering injury by remaining, I should not consider the claim as entitled to any particular favor; but, under the circumstances, I think the vessel was in a condition to have salvage services rendered her. She was fast upon the rocks, was leaking badly, and, indeed, was fuU of water; passing vessels caused her to sway back and forth; she was also subject to the action of a strong current, and a change of wind to the south-east might have created suificient sea to bave broken her up. WhUe, as bef ore observed, the case is not one of strict salvage, inasmueh as the hiring was by the day, and no peril was inourred by the salving vessel, I do not regard this fact as material in deter- mining the nature of the service. The case is not one of ordinary towage, and, if not towage, it is salvage. The term "extraordinary or meritorious towage" made use of in some cases is misleading and of no praotical importance. As dis- tinguished from towage, salvage implies simply some degree of danger and some need of extraordinary assistance. As observed by Dr. Lushington in The Reward, 1 W. Bob. 174, 177: "I apprehend that mere towage service ia confined to ����