Page:Federal Reporter, 1st Series, Volume 2.djvu/398

BROOKS V. STEAMBE ADIRONDACK. 391 �The Cleopatra, L. E. 3 P. Div. 145 ; The Colon, S. D. N. Y., unreported. �The cases cited by the libellant's counsel do not conflici with these cases. Every case of salvage has its own peculiar circumstances, and where the amount awarded for a salvaga towage service seems to be large, an examination of the special service will disclose a reason in some extraordinary feature of the case — either the great peril from which the property saved was rescued, or its great amount, or the unusual risk run, or inconvenience and expense incurred, in rendering the service. The Paris, Spinks' E. & 0. Eep. 289; The Nimrod, 14 Jur. 944; The Hotspur, 16 Mitch. Mar. B. 1649; The Mo, 16 Mitch. Mar. E. 401; The Mary, Id. 142.5; The African, 5 Mitch. M. E. 911 ; The Araxes, 7 Mitch. M. R, 586. See, also, The SeaguU, 16 Mich. Mar. Eeg. 1426; The Emily B. Souder, 1 Ben. 550 ; S. C. in Cir. Ct. not reported. It is true, as argued by the learned counsel for the libellant, that the recovery of any reward is contingent on success, and that the merit of the service ought not to be measured with reference to the apparent ease with which it was, in fact, ren- dered; that the undertaking was attended by all those pos- sibilities of delay, danger, and final disaster from which service on the ocean is inseparable. But all these possibilities are taken into consideration by the courts in determining the amount of salvage compensation, and the rates of salvage are intended to be and must be assumed to be based upon a con- sideration of all the circumstances in which the two vessels are placed at the time the service is undertaken, including all these adverse possibilities. �In respect to the special contraot for £4,000, in this case, it must be held that it was unjust and unreasonable in amount. While there is no charge of any fraudulent practice by which the agreement upon this sum was procured, there is evidence enough that the agreement was improvident, and entered into without mueh consideration of the proper elements of a salvage reward. The contract recites that the Adirondaok was totally disabled as to her machinery. This was true as to her tem- porary disability, but misleading as a statement of absolute ����