Waimanalo Sugar Co. v. Pacific Mail Steamship Co.

Citations

• 3 D. Haw. 447

Syllabus

<p>Admiralty —Evidence—Admissibility of, relating to compensation of other vessels performing similar service: In a claim for quantum meruit compensation for assistance to a stranded vessel by means of a small steamer, evidence of the remuneration which other vessels received for assisting the same vessel on a quantum meruit basis may be received on the question whether the plaintiff is entitled to pay beyond regular rates on the ground of peril to its vessel in the service rendered.</p> <p>Same — Same—Admissibility of, pertaining to negotiations for engagement of plaintiff’s vessel after previous services had been terminated: After the termination of services of plaintiff's vessel, plaintiff, on request, made a proposition for an engagement of its vessel for the continuance of its service. Seld, that evidence of sueh proposition was inadmissible, as the information which had so far been acquired as to the character of the service in regard to danger, made a different status from that which existed at the inception of the work.</p> <p>Same — Evidence as to matters not alleged in the libel: The bill was for emergency service, and contained no allegation of salvage service. Evidence was introduced which tended to support a claim for salvage compensation, had allegations therefor been made. 'Held, that no question of salvage compensation can bo considered.</p> <p>Same — Question of compensation for an attempt to assist stranded vessel, which failed: Under a bill for quantum meruit compensation, in an attempt to go to the assistance of a stranded vessel at the request of the owner, which failed by reason of the boisterous condition of the sea around the stranded vessel, the owner of the vessel making the attempt is entitled to some compensation.</p> <p>Same — Compensation for quantum meruit services in assisting a stranded vessel involving hazard to the assisting vessel: Services of -a vessel on a quantum meruit basis, involving danger to it, are entitled to extra compe