Gilchrist Transp. Co. v. 110,000 Bushels of No. 1 Northern Wheat

Citations

• 120 F. 432
• 1903 U.S. Dist. LEXIS 361

Syllabus

<p>1. Salvage — Vessels of Common Owners — Right to Compensation from Cargo.</p> <p>Tbe fact that the owners of a salving ship were also owners of the ship salved does not preclude them from recovering salvage compensation from the cargo saved, where the peril which rendered the service necessary did not arise through any breach of the contract of carriage.</p> <p>2. Same — Services Rendered to Tow.</p> <p>An arrangement by one vessel to tow another belonging to the same owners, which had become disabled,- did not include an agreement to render salvage services to the cargo of the tow, by extinguishing a fire which occurred without fault of either vessel, so as to preclude a recovery for such services.</p> <p>8. Same — Services in Extinguishing Fire — Amount of Award.</p> <p>The steamer City of Genoa, while proceeding from Duluth to Buffalo, laden' with wheat, became disabled, and was overtaken and taken in tow by the Mecosta, belonging to the same owners and bound for the same port. While in Lake Erie the City of Genoa caught fire forward, without fault on her part, and in response to her signal for assistance the Mecosta made fast to her, and for seven hours the crews of the two vessels fought the fire, until it was under control. The work was skillfully done, and the fire confined to the forward part of the vessel, which was held before the wind by the Mecosta, and the cargo was not damaged, except to some small extent by smoke and water. The Mecosta was in some peril; her bulwarks being scorched, and the lines by which she was made fast being burned. The fire was in the night, but the weather was calm, with little wind. The Mecosta was worth $70,000; the Genoa, after the fire, $60,000; and her cargo, $79.000. Held, that the Mecosta was entitled to salvage compensation from the cargo to the amount of $3,800, being about 5 per cent, of its value; $1,500 of the amount to be distributed among the crew.</p>