## Facts

- Arthur Finch signed shipping articles as an assistant steward aboard the steamship *Tashmoo* for a voyage from San Francisco to New York.
- The shipping articles required obedience to the master and superior officers in matters relating to the vessel and its cargo.
- The *Tashmoo* (valued about $65,000) carried cargo valued about $459,393, including lumber, copper or copper ore, rugs, fruit, and other goods.
- During the voyage, the ship’s engines became disabled off the west coast of Mexico near the Gulf of Tehuantepec in rough conditions, placing the vessel and cargo in danger.
- Finch, who had some radio knowledge, repaired and operated the ship’s wireless equipment at the direction of his superiors to send distress communications.
- A nearby vessel responded to the wireless signals and assisted, ultimately towing the *Tashmoo* to safety at Salina Cruz, Mexico.
- Finch sought a salvage award, arguing his radio services were outside his steward duties; the owner contended Finch acted as a crewman under contractual duty and orders.

## Issues

1. Whether a crew member who performs skilled, emergency services under orders to help save his own vessel and cargo renders “voluntary” service sufficient to support a salvage award.
2. Whether broadly worded shipping articles requiring obedience “in everything relating to the vessel” bring such emergency services within the crewman’s contractual duties, barring salvage.

## Decision

- The court dismissed the libel and denied any salvage award.
- Finch’s radio repair and communication work was performed as a member of the crew, under orders, and within the obligations imposed by the shipping articles.
- Because Finch remained in the seaman–ship relationship and did not act as an independent volunteer, the voluntariness element of salvage was not met.

## Legal Principles

- Salvage requires (1) maritime peril and (2) voluntary service; compensation is generally reserved for those not already bound by duty to the venture.
- Seamen ordinarily owe a pre-existing duty to exert themselves to save their own vessel and cargo; actions taken under that duty are not “voluntary” for salvage purposes.
- A crew member may recover salvage only if the employment relation has been terminated or the services are clearly outside contractual obligations in a manner that makes the seaman an independent actor rather than a crewman performing commanded duties.
- Broad shipping-article language requiring obedience in matters relating to the vessel and cargo supports treating emergency tasks as within a crew member’s duty, even when the tasks require unusual skill or extra effort.

## Conclusion

The court held that an assistant steward’s emergency radio work performed under officers’ orders to secure aid for a disabled vessel was part of his duty as a crew member and therefore did not qualify as voluntary salvage service.


The Tashmoo, 48 F.2d 366 (E.D.N.Y. 1930)