The Thomas Morgan

Citations

• 123 F. 781
• 1903 U.S. Dist. LEXIS 250

Syllabus

<p>1. Salvage—Raising Sunken Tug—Compensation.</p> <p>Libelant at his own expense and risk raised a tug which had sunk in 26 feet of water in a river, the service requiring two weeks’ work night and day, and an expenditure of over $1,000. When raised, the tug was not in condition for use, and he reealked and repaired her, putting her in as good condition as before she sunk. She was in imminent danger of becoming a total loss owing to tbe quicksands and rapid current of the river, and the salvage work was ingeniously and skillfully done. After being raised she was valued at from. $4,000 to $8,000. Held, that libelant should be awarded one-fourth the proceeds of her sale as salvage compensation, besides tbe expense incurred, and next after that tbe cost of tbe repairs made, which would he considered as in the nature of a continuation of the salvage service, and entitled to rank next as a lien.</p> <p>2. Same—Salvage Services—Furnishing Material por Use in Salvage Operations.</p> <p>The mortgagee of a tug which had been wrecked and sunk in a river let to the owner two lighters “under hire expressly stipulated,” although no price was fixed, the intention being to use them in salving the tug. They were taken to the wreck and remained in the vicinity four days, but nothing was done and no plans made for raising tbe vessel. After that another undertook to raise the vessel, and did so, using one of the lighters, the other being returned. The man in charge of the lighter performed no service ex'eept as watchman. Held, that the mortgagee was not a salvor, and that his claim for the hire of his lighter was not entitled to rank as a salvage claim.</p> <p>8. Maritime Liens—Priorities—Lien por Supplies.</p> <p>Liens acquired by virtue of a state statute for supplies furnished a vessel during the year prior to her sale in admiralty are entitled to equal rank and to be paid pro rata, in the absence of any special circumstances or equities. ,</p> <p>4. Same—Waiver op Lien—Taking Mor