Merritt & Chapman Derrick & Wrecking Co. v. Morris & Cumings Dredging Co.

Citations

• 137 F. 780
• 70 C.C.A. 356
• 1905 U.S. App. LEXIS 4203

Syllabus

<p>1. Salvage—Natuee oe Service—Raising Sunken Vessel.</p> <p>The raising of a dredge sunk in shallow water, where there is no danger involved, nor any extraordinary means required or employed,' is not a salvage service.</p> <p>[Ed. Note.—For cases in point, see vol. 43, Cent Dig. Salvage, § 21.]-</p> <p>2. Shipping—Raising Sunken Vessel—Award.</p> <p>An award for services in raising a sunken'dredge, based on the finding of a commissioner, affirmed.</p> <p>[Ed. Note.—Salvage awards in federal courts, see note to The Laming-ton, 30 C, C. A. 280.]</p> <p>3. Same—Interest.</p> <p>Where there was long delay in prosecuting a suit to recover for services in raising a sunken vessel, and the claim made was excessive, and, owing to the fact that complainant had a monopoly of such work, it was difficult for defendant to obtain proof as to the value of the services, neither interest nor costs should be allowed.</p>