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· 1/25/1904

The Dumper No. 8

Citations

  • 129 F. 98
  • 63 C.C.A. 600
  • 1904 U.S. App. LEXIS 4023

Syllabus

<p>1. Salvage — Nature of Service by Master and Crew — Effect of Towage Contract by Owner.</p> <p>A contract by an owner of tugs to tow dumpers from their dumps in the city to sea and return imposed no obligation on -the master and crew of one of the tugs to go to the rescue of a dumper which had been abandoned by another tug, and had drifted out to sea; and where they did so, and at considerable peril to themselves rescued her, and brought her safely to port, the service %vas voluntary, and they are entitled to compensation as salvors.</p> <p>2. Same — Amount of Award.</p> <p>A salvage award of $1,175 to the master and crew of a tug, consisting of nine men, for the rescue of a dumper worth $8,000 to $10,000, which had become derelict, and drifted 25 miles out to sea in a gale, and would probably have been a total loss, held not excessive, where the service was entirely successful, and was performed at considerable personal risk.</p> <p>If 2. Salvage awards ih federal courts, see note to The Lamington, 30 C. C. A. 280.</p>

Judges: Townsend

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