## Facts

- A Norwegian freighter, M/V SANDANGER, caught fire off Baja California on May 18, 1964, while carrying passengers and valuable cargo.
- The fire was intense, involved explosions, caused fatalities, and led to abandonment of the vessel by survivors.
- Tampa Tugs & Towing, Inc.’s tug SEA EAGLE and James U. Kimball’s tug MIKIMIKI diverted to the scene after receiving distress information; neither was under contract to the freighter.
- The tugs searched for survivors, boarded the burning vessel under hazardous conditions, and undertook limited firefighting and ship-securing efforts.
- The tugs secured towing lines and towed the freighter roughly 350 miles toward San Diego; when the vessel appeared in imminent danger of sinking, they beached her.
- The salvage efforts preserved cargo valued at about $1,000,000 and a hull value of about $47,000.
- Multiple in rem salvage and related maritime claims by tug owners, crew, the United States, and cargo interests were consolidated against the vessel and cargo.

## Issues

1. Whether the tugs’ services constituted voluntary salvage in response to marine peril, rather than towage or contract services.
2. If salvage, how the salvage award should be measured and allocated among salvors and charged against the ship and cargo.

## Decision

- The court found the SANDANGER faced a grave marine peril from fire, explosions, abandonment, and the risk of sinking or total loss.
- The court held the SEA EAGLE and MIKIMIKI rendered voluntary services without preexisting duty or contract, and that the operation succeeded in saving substantial property.
- The court classified the operation as salvage “of a high order” based on the danger, skill, and risk undertaken.
- The court entered a decree granting substantial salvage awards to the tug owners and their crews, payable out of the value of the vessel and cargo, with apportionment reflecting relative contributions.

## Legal Principles

- A salvage claim requires: (1) marine peril, (2) voluntary service not compelled by contract or duty, and (3) success in saving property in whole or in part.
- Services involving boarding and securing a burning, abandoned vessel, followed by towing and protective measures (including beaching to prevent sinking), may constitute salvage rather than towage.
- Salvage awards are set by considering the degree of peril, value saved, skill and labor, time and expense, and risks to salvors and their property.
- Salvage awards are charged against the res (ship and cargo) in proportion to the benefit received, and then divided between vessel owners and crew to reflect equipment risk and personal hazard and effort.

## Conclusion

The court determined that the tugs’ dangerous and successful efforts to secure, tow, and ultimately beach a burning and abandoned freighter constituted high-order salvage, warranting substantial awards against both the ship and the cargo and division of the recovery among owners and crew according to contribution and risk.


Tampa Tugs & Towing, Inc. v. The Sandanger, 242 F. Supp. 576 (S.D. Cal. 1965)