Samuel Blatchford

“ The claimants not having appealed to the circuit court, it is suggested that they are liable for at least the amount awarded by the district court, and that the circuit court could not reduce that amount, but had jurisdiction, on the actual appeal, only to increase it. It is well settled, however, that an appeal in admiralty from the district court to the circuit court vacates altogether the decree of the district court, and that the case is tried de novo in the circuit court. ”

“ The circuit court, in its opinion, (18 Fed. Rep. 698,) says: 'Proctor for respondents in this case admits in argument that, by reason of the service of the extra anchor furnished by the libelants, the service amounts to salvage service. But for this admission, I have grave doubts whether I could have found as a fact that the services ranked above towage and lighterage service, to be compensated on the principle of a quantum meruit. But salvage services being taken as established, the question is one solely of amount. ”

“ The evidence shows there was no enterprise in going out in tempestuous weather, as the weather was moderate, and the libelants' tug only went out when called upon and employed so to do. The labor and skill furnished were of the ordinary kind, such as libelants' boats were seeking as ordinary employment. ”