Sea Ins. v. About 500 Tons of Steel Rails

Citations

• 191 F. 250
• 1911 U.S. Dist. LEXIS 115

Syllabus

<p>Admiralty (§ 13*) — Jurisdiction—Salvage Contract.</p> <p>Respondent contracted to salve a sunken steamer and her cargo, con- . sisting of steel rails and coal, for $39,000, with the option to the owners to pay 40 per cent, of the salved value. After a considerable part of the-rails had been raised and placed on a dock, their insurer, also having authority from the owner, brought suit to require such rails to be delivered to it that they might he put in condition for use. Bold, that a court of admiralty had jurisdiction to grant such relief, although the salvage contract was not fully performed, and that under the peculiar circumstances of the case delivery of such rails would be decreed on the giving of a bond by libelant to protect the rights of respondent, the rails to be-appraised before delivery.</p> <p>[Ed. Note. — For other cases, see Admiralty, Dec. Dig. § 13.*</p> <p>Admiralty jurisdiction as to matters of contract, see notes to The Richard Winslow, 18 C. C. A. 347; Boutin v. Rudd, 27 C. C. A. 530.]</p>