Waterman S.S. Corp. v. Shipowners & Merchants Towboat Co., Limited the Sea Fox

In this proceeding in admirality appellees obtained an award for salvage by the tug Sea Fox of appellant’s vessel Herald of the Morning. At the time of the salvage operation the Sea Fox and its owners were under contract to tow the vessel. The facts of the case are set out in extenso* in the opinion of the trial court, 98 F.Supp. 123 .

The principles of law applicable in cases of this kind are well understood and were accurately stated in the opinion below. Nevertheless the question whether the circumstances of a particular case are such as to turn towage into salvage is often one of much difficulty. The question, however, is essentially one of fact. The court saw and heard the witnesses. It found that through the parting of the hawser, in a full gale, the Herald went adrift and into a position of grave peril solely by reason of the violence of the storm; that it was rescued therefrom only through the efforts of the Sea Fox and other craft; and that the Sea Fox incurred risks and performed services beyond the scope of her towage contract. 'Contrary to the claim of appellant, it found that the danger to the tow was not occasioned or contributed to by any negligence of the tug.…