Page:Federal Reporter, 1st Series, Volume 9.djvu/70

M'cpNNOCHIB V. KERP. 55 �Ivcnlmed at the time the help of the Pompna was procured. There Wi/b a breeze of but one knot an hour, witb periods of calm; and it was quite uncertain how Boon eho would'be able to reach any port or safe anchorage, unassisted. If he had met no vessel to assist him, the captain says he would have sought ahchorage and sent out parties for relief; that the vessel was "at the mercy of the. winds," and that ahurricane, which, with "northers," were the ordinary storms of tHose waters, "would have put the ship in jeopardy." Through the disabling of her machinery she was, therefore, no longer prepared to encounter the ordinary coritingencies of navigation in the Bahamas, either in proceeding on her voyage or in seeking a place of safety. These were circumstances of danger, though not of immediate peril, which justified the Colon in askiug help of the first vessel. that appeared. They justified the captain of the Pomona, under hia implied authority, to deviate for purposes of salvage, in departing iifoiii her dwn Voyage tb toW the Colon to 6. flfeie anchorage, and con- cequentiy entitled the Pomona and her crew to a moderato sg,lvage compensation. �; By the accident to the -Colon she had become unseaworthy for navigation in those waters. If the' interosts of commerce, of freight- ers, and of insurers all "recuire that no unnecessary risks be taken by a vessers continuance at sea in a disabled aiud unseaworthy condi- tion, [Padelford v. Bordman, 4 Mass. 554,) the saime interests de- mand that encouragements be given, l?y,rew^rd8 to captain and crew, as in cases of strict salvage, to assist allvesselis so situated, whenever desired, into port or to a safe anchorage, as truly as in cases of imme- diate and present peril. And; whatever sums are allowed for the erutire service in such a case, it is obvions that all extra compensa- tion, over and ahove an actual indeirinity to the salving vessel for the increased cost, expense, risk, and liabili.ty incurred through her devi- ation to rendersueh- assistance, ought injustice to be shared between the ship and her company, upon the same prjiiciples on. which sal- vage is distributed, and not awarded to the vessel alone; and allsuch service should be tUerefore held and.treated as iu'the nature of sal- vage. ■'.•,'■... \ . :■ ..■' '■ .. �■ The question remaitts ^whetlieir the libellatita,' being ontitled to share in salvage compensation, have any claim upq'n tUe respondent Kerr for the moneys paid to him on account of the service render«d. The facts in relation to the payinent of the nioney' are the following : ��� �