Page:Federal Reporter, 1st Series, Volume 9.djvu/731

716 PEDBKAI. RBPOKTIIR. �then signalled the Eichards to help her, and the Richards, returning, took hold of the Davia, held her, and lay by her that night. Next day the Richards began to tow the Davis back to New York, and took her nearly to Sandy Hook, the last part of the voyage being per- iormed by the Davis unaided. The tov? drifted into the inlet unaided and without sustaining injury. �Libel was filed to recover salvage for the Leonard Richards against the Levi Davis. �Benedict, Taft & Benedict, for libellant. �Beehe, Wilcox d Hobbs, for the Davis. �Benedict, D. J. My conclusions in this case are as follows : If, as asserted by the claimant and denied by the libellant, the Eichards broke her contract by casting off the tow before the Levi Davis took hold of it, still Buch failure to perform her contract, if failure it was, did not create or tend to create the peril from which the Levi Davis was afterwards rescued. It would have been neoessary for the Davis to get hold of the tow if the Richards had not cast ofif when she did, and, as the tow was situated, she could not have done so withoat danger of striking the bottom. The peril was caused by the Davis having taken the tow into shallow, and, under the circumstances, dangerous water, and it was in no way increased by the act of the Eichards in casting off the tow when she did, and after she herself had struck the bottom. The Davis was rendered helpless and in need of immediate assistance by the breaking of her rudder, and that misfortune is not attributable to any act or misconduct on the part of the Eichards. �When the Davis thus became disabled by the breaking of her rud- der, and liable to be driven ashore in the gale, the Richards was under no legal obligation, arising eut of the contract or otherwise, to tow her out of danger or to render her any other service. It was, therefore, open to the Richards, when the Davis signalled for assistance, to undertake to assist her in the capacity of a saivor. At the time when the Eichards undertook that service the situation of the Davis was one of much peril. By the exertions of the Richards she was rescued from her peril and brought back to New York in saf ety. The service was valuable. It was voluutary, and compensation for it depended upon success. For such a service the Richards is entitled to a salvage reward. �In determining the proper amount of such reward I observe, among other things, the peril in which the Davis was placed by the breaking ��� �