Page:Federal Reporter, 1st Series, Volume 5.djvu/472

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

±60 FEDERAL REPORTER. �Akbar was, is peculiar : well calculated to deter any one from rendering voluntary assistance, and entitled to special reward. It is for the interest of commerce that this be so, and the more, in a case like this, because vessels from the West Indies are often infected, and it is important that inducement to board them be held ont to those who may meet them when in such distress. �On the other hand, the Munson lost no time and sustained no detriment whatever by the departure of Donald. Donald did not take the fever, and suffered no bodily harm by the labor and anxiety he endured. In point of fact no risk of taking the fever was actually run, for, as the event proved, the Akbar was not infected; but the service was rendered under a state of faets that justified ail in believing that she was in- fected, and that there was great risk of taking the fever from her. In view of these considerations and of the facts proved, I consider that the sum of $3,600 should be paid by the Akbar and her cargo for the service rendered. Of this sum I award $2,500 to Donald; |500 to the owners of the Mun- son;. $350 to Captain CofSn, the master of the Munson; and direct that the iremainder of $250 be divided among the crew of the Munson, the two seamen who went in the boat to the Akbar to receive each a double share. A claim to share in the salvage has been put forth in behalf of Peter Green, the one well seaman on the Akbar, who assisted Donald from the time he took charge. This claim is without foundation. Peter Green was one of the crew of the distressed vessel, and did no more than he was bound by his contract to do under such circumstances. ����