Legal Opinion

Oelwerke Teutonia v. Erlanger

Supreme Court of the United States

Decided February 3, 1919No. 162, 181PublishedCited by 16 opinions

APPEALS FROM THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The case is stated in the opinion. The plaintiffs ought not to have oeen held by the court below to have been salvors, but should have been regarded and treated as intruders without warrant — as having seized unlawfully the property of the defendant over its protests and as having wrongfully* and unlawfully prevented defendant’s agents in Manila from recovering possession of the property for the purpose of saving it…

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APPEALS FROM THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The case is stated in the opinion. The plaintiffs ought not to have oeen held by the court below to have been salvors, but should have been regarded and treated as intruders without warrant — as having seized unlawfully the property of the defendant over its protests and as having wrongfully* and unlawfully prevented defendant’s agents in Manila from recovering possession of the property for the purpose of saving it through the employment of persons who were at hand, ready, willing and competent to undertake the work. There was no…

1Opinion of the CourtJustice Holmes

These are cross appeals from a judgment on a complaint, for salvage of cargo brought by Erlanger & Galinger to which the defendant, Oelwerke Teutonia, answered denying , the services and setting up a counterclaim for damages alleged to have been caused by the negligence and incompetence of the plaintiffs. The Court of First Instance found for the plaintiffs and awarded to them one-half of the net proceeds of the property saved. On appeal the Supreme Court of the Philippine Islands, while othér-wise confirming the findings of the Court of First Instance, reduced the award to forty per cent, of…

2Cases cited2 opinions

  1. Samuel B. Hobart and Others, of the Brig Hope and Cargo v. Andrew Drogan and Others, LibellantsSupreme Court of the United States · 1836
  2. Post v. JonesSupreme Court of the United States · 1857

3Cited by16 opinions

  1. Spencer Kellogg & Sons, Inc. v. HicksSupreme Court of the United States · 1932
  2. Waterman SS Corporation v. DeanCourt of Appeals for the Fourth Circuit · 1948
  3. Compania Galeana, S. A. v. The Motor Vessel Caribbean Mara, Etc., Captain Antonios Tantoulas, Master of S. S. Florida State, Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1978
  4. Virginia-Carolina Chemical Co. v. Chesapeake Lighterage & Towing Co.Court of Appeals for the Second Circuit · 1922
  5. Hamburg-American Line v. United StatesCourt of Appeals for the First Circuit · 1948

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