The Emily B. Souder

WAITE, Circuit Justice.

It is conceded that the Monterey was engaged to tow the Souder, and the only controversy is as to •whether the engagement was for salvage or •towage service. It is well settled, that, if there is no actual or probable danger, and the employment is simply for the purpose of expediting the voyage, such service is tow-age and not salvage. Care should be taken, in cases of this kind, not to establish a precedent which will tend to discourage merchant ■steamers from rendering assistance at sea •when there is real or apparent danger, but it is equally important not to…