Page:Federal Reporter, 1st Series, Volume 9.djvu/432

THE PLTMOUTH EOCK. el7 �of danger, either present or reasonably to be apprehended, compen- sation upon salvage principles is to be allowed. Even cases of cor- poration salvors, cited by the claimant's counsel, at one time held not to be within this rule, (The Stratton Audley, 3 Ben. 241.; The J. F. Farlan, Id. 207,) are no longer an exception. The Camanche, 8 Wall. 448 ; The Birdie, 7 Blatchf. 238. The degree of danger is of no importance as regards the application of the principle itself, (The Westminster, 1 W. Eob. 232,) although it is of the utmost importance in fixing the amonnt of compensation under it. �To say that the Plymouth Bock, upon becoming completely dis- , abled by the loss of her steam-power within a quarter of a mile of the shore, as I hold she was when the Germania reached her, with her light draught and excessive "free-board" exposure to the wind, in a north-east gale and a heavy sea, on the New Jersey coast, and with only two-thirds of the ordinary equipment in anchors and chains of full sea-going vessels, was in a situation to afford a reasonable apprehen- sion of danger, would, I think, be stating the case very mildly, and it is too obvions to require f urther comment. I find much more dif- ficulty in determining the proper amount of salvage compensation to be awarded. The most important considerations in fixing such awards are the value of the property rescued, the number of lives imperilled, the degree and imminence of the danger, the proximity of other means of succor, the hazard, labor and skill of the salvors, the duration and difficulty of the service rendered, the value of the vessel employed, and her danger in rendering it, and the incidental risks or responsibilities incurredbythe latter or her owners, if any, through any deviation from her own voyage in rendering the service, as usually happens in salvage cases at a distance from port. �The value of the Plymouth Eock is not shown by any competent proof to have been greater than the sum of $60,000 admitted by the owner. The fact that she was put for the whole issue of the capital stock of $100,000 in the formation of the Plymouth Eock Company, from which company the claimant bought her, though evidence of value, possibly, as against that company, cannot be binding upon the claimant here. The value of the Germania was about $21,600. She was employed upon this service about five hours, which, considerihg her previous going out to sea, is equivalent to one day's service. She was doubtless subjeoted to some increase of peril, in case of accident or unskilful handling, in approaching the Plymouth Bock upon a lee T.9,no.6— 27 ��� �