The Thomas L. James

Citations

• 115 F. 566
• 1902 U.S. Dist. LEXIS 239

Syllabus

<p>1. Salvage — Rescue of Stranded Schooner. — Compensation,</p> <p>The schooner Thomas L. James, loaded with lumber, was run ashore by the master “to save life” on the coast of North Carolina, during a storm, and stranded between two bars in a position of extreme peril. She was regarded by her master and mate as being in an almost hopeless condition. Her rudder and some sails were gone. She had 3 feet of water in her hold, and while she drew 13 feet as loaded there was but 10y2 feet at the place of stranding at ordinary high water. Libelants, 10 in number, went on board, and there remained for 3 days, in a position of great peril, most of the crew being sick, and the master and mate having been taken off the first day. Libelants pumped out the vessel, and threw overboard the deck load, 122,000 feet, and with the assistance of others floated the schooner, and brought her into port with her remaining cargo. They also afterwards rafted and saved 40,000 feet of the lumber jettisoned, about 60,000 more being saved by others. The schooner and remaining cargo saved were of the value of $14,000. ‘Held, that libelants’ services were of a high order of merit, and the others assisting in the salvage not being before the court, and the amounts paid them not being shown, that libelants would be allowed for their services in salving the vessel and cargo on board $1,000; that they would further be allowed one-third the reasonable value of the lumber rafted and salved by them subsequently. 1</p> <p>2. Same — Value of Salved Cargo — Private Sale bt Owner of Vessel.</p> <p>A sale of lumber jettisoned from a ship, and subsequently rafted and salved by others, by an agent of the ship, at private sale and without advertisement, does not fix its value for the purpose of determining the compensation to which the salvors are entitled.</p>