ARMED TRAWLERS AND SALVAGE 



In delivering a considered judgment, Mr. Justice 

 Hill said : — " Both vessels were in the service 

 of His Majesty and therefore the services of 

 the ships as instruments of salvage were gra- 

 tuitous. The only question is what were the 

 personal services of the plaintiffs, and were 

 they salvage services, and, if they were, what is a 

 proper award ? Undoubtedly the trawlers saved the 

 Carrie from a position of peril and brought her in 

 safety into Falmouth ; but the circumstances have 

 to be considered. 



" The plaintiffs say that the submarine submerged 

 on sighting the trawlers. The trawlers claim no 

 merit in this. They had had a report of a sub- 

 marine and were searching for it when they sighted 

 the Carrie. On coming up Lieutenant Massey, who 

 was in command, told the master to return to the 

 Carrie and said that the trawlers would escort him 

 to Ushant. The crew were unwilling and the master 

 refused to return. The Kinaldie took the crew out 

 of the boats and throughout the night the two trawl- 

 ers patrolled about the Carrie. So far there is no 

 dispute. As to what happened on the following 

 morning there is a complete contradiction of evi- 

 dence. The evidence of the master and others of 

 the crew is that they asked to be allowed to return 

 to the ship and continue their voyage, and that per- 

 mission was refused. The evidence from the trawl- 

 ers is that the master of the Carrie was urged to 

 return to his ship with his crew and that he refused. 

 Had the defendants' evidence been true it would 



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